IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


^ 


{/ 


1.0 


I.I 


laiia  112.5 

1^  1^    III  2.2 
2.0 


It!  U4 


6" 


1.8 


11.25  11.4    IIIIII.6 


v: 


7 


♦v^ 


/^ 


PhotDgraphic 

Sciences 

Corporation 


■n  !VEST  MAIN  STRICT 

WEBSTH.N.Y.  14580 

(716)872-4503 


4/. 


d 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVi/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


:\ 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 


D 
D 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 


Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pelliculAe 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  gdographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I   Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Reli4  avpc  d'autres  documents 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout^es 
lore  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  ii6  film^es. 

Additional  comments:/ 
Commentaires  supplAmentaires; 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibiiographique,  qui  peuvent  modifier 
une  image  reprodulte,  ou  qui  peuvent  exiger  une 
modification  dans  la  mithode  normale  de  filmage 
sont  indiqu6s  ci-dessous. 


pn   Coloured  pages/ 


D 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommagdes 

Pages  restored  and/oi 

Pages  restaurdes  et/ou  pelllcul6es 

Pages  discoloured,  stained  or  foxei 
Pages  ddcolordes,  tachetdes  ou  piquies 

Pages  detached/ 
Pages  ddtachdes 

Showthroughy 
Transparence 

Quality  of  prir 

Qualiti  inigi^Je  de  I'lmpresslon 

Includes  supplementary  materlt 
Comprend  du  materiel  suppldmentaire 

Only  edition  available/ 
Seule  Edition  disponible 


I      I  Pages  damaged/ 

r    I  Pages  restored  and/or  laminated/ 

pTl  Pages  discoloured,  stained  or  foxed/ 

I      I  Pages  detached/ 

r~2  Showthrough/ 

I      I  Quality  of  print  varies/ 

I      I  Includes  supplementary  material/ 

I      I  Only  edition  available/ 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  M  filmdes  i  nouveau  de  facon  d 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiquA  ci-dessous. 

10X  14X  18X  22X 


7 


26X 


30X 


12X 


16X 


20X 


24X 


28X 


32X 


The  copy  filmed  here  has  been  reproduced  thank* 
to  the  generosity  of: 

University  of  Victoria 
IMcPharson  Library 

The  images  appearing  here  are  the  best  quaiity 
possibie  considering  the  condition  and  iegibiiity 
of  the  original  copy  and  in  iceeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covrrs  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  reccrded  frame  on  each  microfiche 
shall  contain  the  symbol  — ^-  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

IVIaps,  plates,  charts,  t  c,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  film*  f ut  reproduit  grAce  h  la 
gAnArosltA  de: 

University  of  Victoria 
McPherson  Library 

Les  images  suivantes  ont  AtA  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  at 
de  la  nettetA  de  rexemplaire  filmA,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimte  sont  filmAs  en  commen9ant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernlAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmte  en  commenpant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernlAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaltra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
film6s  A  des  taux  de  reduction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  11  est  fiimA  A  partir 
de  Tangle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
iliustrent  la  mAthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

DISCOURSE 


.V/ 


ON 


THE    STUDY 


OK    THE 


LAW  OF  NATUEE  AND  NATIONS 


nv 


IR  JAMES  MACKINTOSH,  M.  P.; 

TOGETHER   WITH    A    COLLECTED    LIST    OF 

WORKS  UPON  INTERNATIONAL  LAW, 

A  SKETCH  OF  THE  AUTHOR'S  LIFE,  ETC., 

BY   J.   c;.    MARVIN. 


....:L   TO   ...K.  .  ...u.  ..   ru.  .o,-..  ..s    OK    n.K.    .vuo.,  n    ...  ..o.  ..u  .,.:  .o..u 


BOSTON: 

l»  11  A  T  T    AND    COMPANY, 

N(i.  a2  J'oiirt  f<troct. 

1843. 


..,1' 


UNIVERSITY  OF  ViaORIA 

LIBRARY 

Victoria,    B   C. 


r.iilin  il  iiccdnliiii;  U>  A(t  iiri'oiiuir^s,  jii  Ilir  jL'iir  l.^l:l, 
ItV  .1.  <;.  MAIiVlN. 
Ill  llii'  rink's  (iiriic  (il'llir  Dislriil  CiPiul  olllH!  Iti^tricl  cil' .Miis-:u  liiixll 


II  n  -i    I   II  N  : 

\MII.I.\V'»     >  M>    l'Ut;N  I  I-)- , 

I  Ihviiit.'llin-  SI. 


i 


T 


f  |{  E  F  A  C  E . 


We   arc    aware  that    the   duties   of  a   compiler,   or   editor   of 
another's   production,    are    sufliciently  humble;    but    if,  by  this 
means,  any  thing  truly  valuable  is  placed  within  the  reach  of  the 
public,  no  one  ought  to  shrink  from  the  task.     This  admirable 
"  Discourse"  has  passed  through  several  large  editions  in  England, 
and  has  ever   been  regarded  by  competent  judges   as  the  most 
finished  and  profound    production   that    has   been   written   upon 
the  Law  of  Nature  and  Nations.     When  such  ornaments  of  the 
Senate    and     the    Bench,    as   Pitt,    CANMNr;,  LoufiiinoROucin, 
and  Story,  warmly  cojumend  a  ])roduction,  it  needs  no  farther 
proof  of  its  intrinsic  value  and  importance.     The  entire  writings 
of  this  accomplished    scholar  and   profound  philosopher,  cannot 
be  too  extensively  read  or  highly  appreciated.     We  have  thought 
that  it  might  not  be  inappropriate  to  prefix  to  the  "  Discourse" 
a  brief  Biographical  Sketch  of  Sir  James  Mackintosh,  and  a  list 
of  scmic  of  the  more  reputable  works  upon  International  Law; 
hoping  that  these  few  pages,  in  their  present  form,  will  not  be 
wholly  beneath  the  attention   of  the   general   reader,  or  of  the 
Legal    Profession.  •'•  G.   M. 

Camhridiii,  0,f   ii),  IS.l:l. 


.,V 


A  U  T  TI  0  U  S , 


WHO   HAVE   VVKITTEN    ri'ON   TIH^   LAW    OF   NATUKK   AM) 

NATIONS* 


The  following  list  contains  some  of  the  anthors  who  have  writ- 
ten upon  international  law.  Though  far  from  being  complete,  yet 
upon  glancing  at  the  succeeding  pages,  the  reader  will  observe  a 
noble  array  of  the  most  profound  jurists  and  elegant  scholars  ol' 
modern  times,  who  have  illustrated  this  branch  of  jurisprudence, 
so  essential  to  be  thoroughly  understood  by  the  Statesman,  an<l  so 
necessary  for  the  preservation  of  national  rights. 

liarrire,  D.,  Do  La  Libert6  des  Mcrs,  3  vols.,  Hvo.     l'ari:<,  ITOr*. 

Bernard,  Jacob,  Rociicil  do  Triiitos  do  Paix.     1700. 

liinkershoch;   C,   anostionos    juris    publici.      Translated    by    Diipo  iccan 

Philadelphia,  IfilO. 
niirlamqidyJ.  J.,  Droit  Naturcl.    Nouvollo  edition,  par  Dupin.    Paris,  l&iO. 
Bitssard,  M.,  Elcmcns  do  droit  naturel  privc. 
Durge,  William,  On  Colonial  and  Foreign  Laws.  4  vols.,  8vo.    London,  183^ 

Comeirns,Di]pycch,hixxo\xdn  Sage  a  T  intoret  dc  penplos  bien  entcndu, 
dans  r  exercise  dii  droit  dc  guerre  ct  dc  conquetc.     Paris,  1800. 

Conriiur,  .Xiflwhis,  Jus  Naturalis  et  Gentium  doctrina  nietaphysicc  asserta. 
Venota,  173(i. 

Consniato  del  Marc.     Lurra,  1720.     Edited  by  Casaregi. 

(  •mbcrland,  llirbard.  Treatise  oftlic  Laws  of  Nature.     'Ito.     London,  17a!>. 

Ctalmers,  George,  Collection  of  Treaties  between  (Jreat  Britain  and  other 
Powers.     2  vols.,  8vo.     London,  1790. 

Danzrlll,  Guiscppi,  Prinoipi  di  diritto  natiirale.     Palermo. 
Ihimonl,  John,  Corps   uiiiversel    diploinali<|ue   du   droit  des  (iens.     8  vols., 
folio.     Amsterdam,  I7"2G 


I 


VI 


MS'I'  nl    UOKKS  riMiN 


n„iiii>,    n      /,   I.MW    uf  Ni.liHiis,   iiiv.-liffil.d    ill    II    |M.iiiil;.r   liiiilinrr       i-v" 
IMiilmlilliliiii,  !-(»!> 

t'.rlidril,  I    /..,  Prill,  iiiiii  juris  iN.itiiriilis 

lldni,   h'rnUrlr,  An   ilistori.i.l  Sketch  ..f  tin'   Inlorimlioiiiil  I'clu-y  of  F.ii- 

nipc,  !is  .•..iin.Tl..,l  with  ih.'  IViii.iphs  of  the  Luw  of  Njilun.^  aii.l  of 

Nations.     London,  \^'2.\. 
RHiol,  JoiiatlHin,    Amcrhiin    Dii.h.ni.itic   Co.h-,   nnhrucing  a    ('<  Hrrtion   of 

Tr.'alirs   and    Cuiiv.ntioiis   hHwicii   th-    Viiii.'d    Statrs   and    Forngn 

I'oNv.Ts,  from  177r  lo  J.-'IM.     '2  vols.,  tvo.     Wasliiiiglon,  |H:5t. 

r,ill.r,  M  ,  Dii    <oiil1it  d.'s  lois  dr  dilVrrciil.'s  nations,  on  du  droit  intcina- 

tioiial.  . 

ri,i.-<s<i„,  De,  Dc  Ilistoiiv  .h'  hi  Diph)matiqiie  rran(;ais(<.  0  v.ds.,  8vo.  I  aris, 

|HI!>. 
rnlhuli,  nUluim,  Paiuhcts  ofihr  Law  of  Nations.     It...     London,  1(i()t». 

(taJinni,  Mlmtr,  Dei  Dov.  ri  d.'i  I'riii.ii.i  Nntraii  in  t.-nipo  di  (Jii.-rra.     IT"-*. 
(Initilix,  .Uhfricun,  U.jiiiv  li.lli  lil.ri  tr.'s.     i-^vo.     llanov.'r,  I.V.tt*. 
(loiidoii,  I.  I.,  \hi  .h-..il  piihli.'  .(  "hi  <lroil  d>'«  g<'"'*-     I'i""^- 
(linithfr,  C.  «.,  Kiiro|.!Vis.h.s  Volkfrr.'.lit    in   rri.d.'ii/.'iton,  na.li  Verminn 

Vortragcn  und  H.^rkoininoii.     '2  vols.,  Hvo.     I7il'i. 
(iiidnirr,  rriii.i|)ia  jiiris|irii(hntia'  Natiiralis.      1710. 
Urollus,  IliiL'o,   Rights  of  War  and   T.'a.'.',  with   tli.'    Not.s  of  IJarhcvrac. 

folio,     liondon,  I7;i^ 

Hay,  (l(„nrr,   \  Tivatisi-  on  Expatriation.     Washington,  1?M. 

Ilay,  Clforln;  An  Kssav  on  Natiiiaii/ation  and  Alh'giaii..'.   Washington,  1(^10. 

Il,i„rrci„s,  Kl.inciita "juris  Nalurii'  ct  (i.'ntium.     Translat.d  hy  Tnrnbiill. 

I7();<. 
//«;/'.«  Law  Journal.     Vol.  VJ.,  p.  L'>0. 
HiMfS,  Thoiniis,  Licnirnta  I'liihisoidiica  d.'  Tiv.'.      Kil'i. 
//(.Jmrt«,  O.,  Legal  Outlines.      1  vol.,8vo.     Haltinior.N  1^','1» 

Ichslailt,  .'Ilium  Tore,  Elemonta  Juris  (ioritimn.     1740. 

Joiiffroii,  rhemlorr,  Conrs  d.<  Droit  Nalurcl.     2  tonios,  Hvo.     I'aris,  |h;14. 
Justice. nt.raH<i>r,MU-ncxa\  Tr.-atis.'  of  tlio    Dominion  and    Laws  of  ill.- 
Sea.     London,  I7lt."). 

R'cn/,  .'"?«(»■,  Coninientanes  on  Anicricau  Law.     Vol.  L,  Hyo.     New  York, 

1-4:?. 

Koch,  Histoiro  ahri'g...'  d.s  Trait,  s  d.^  I'aix  eiitro  Irs  I'uisances  .lo  1"  Luro|H', 
depuis  la  Pai.x  <hi  W.'stphali.;  ju^.p!.;  a  Irilo,  par  S!tho.'ll,  l">  vols.,  Hvo. 
Paris,  1'*I7. 

Kohkr,  Ihnrij,  Juris  socialis  m  (i.'ntium  ad  Jus  Naliira-  rcvorati,  fSperi- 
niina,  1735. 

Khihcr,  J  J  ,  Droit  .hs  CJ.iis  modcrnes  d<   1    F.urop.;.     Paris,  !?*•:>(?. 


i 


INTF.IINATIUNAI,  LAW 


VII 


IjUiitprrili,  ft   M,  \)irhu>  Puliliro  iiiiivi  iHnh;  o  sia  ilirilto  tli  Nuliini  u  dulle 

(Jciiti.     4  vols.,  l-iiiic.     iMiliini),  l-ji^'H. 
Isiiir,  On  llii;  liiiw  ol' Nations,  iVc 

l.rilmitz,  <•■  /C,  ('oilcx  juris  (iciitiuni  (li|)in.iiiilirns.      IG!I3. 
Lurd  Oinleif,  r.ssiijs  on  the  lliji^lit  ot"  IVoinrty  in   Land,  witli  respect  to  its 

roundalion  in  tlie  Law  orNaliirc^     Lomlmi,  IT'l. 
Lndoeidis,  J.  t'.,  Doctrina  Juriw  Nalurn;  juridica  tonsidcrata.     (Jii.ss,  l*"^"!. 

Mnillnnlkrf,  Viscount  tic,  Prcciso  du  Droit  di-s  Gnis.     Paris,  177.'). 

Martins,  <t.  t\  Von,  I'rcciso  du  droit  dcs  Gens  Modcrne  Av  V  Luroin'.  {&2\  ■ 

Miirlcns,  Charles  ilc,  (inido  Diploinatiiinu.     Irt3'i. 

Micriiis,  I'rodroniiis  juris  prndt  iiliii;  Gi'nlinni  comniimis.     I()7I. 

Miilihj,  .Ihlii.  dt,  Lo  Droit  Public  dc  I'  Europi',  Ibndo  sur  los  'I'raites.    3  toni. 

fvo.     I7GL 
Manninir,  /('.  O.,  roinnionlarics  on  tiic  Law  i.f  Nalions.      London,  1H3ri. 
Miiriii,  llistoria  del  dcrcclio  natural  y  di'  grnlos.     'J  vols.,  H\o.     1800. 
Mallirni,  PrLcitf  do  la  scicnto  du  droit  .Naturol  el  du  droit  des  (icns.     Pans, 

Atdstcr,  /■'.  6'.,  nildiollieca  Juris  Nalura'  et  Genliinn.     3  vols,,  ,Svo.      I/')?. 
Moser,  J.  ./.,  Versutli  des  nouesten  Luropiliseheii  Volker-Ueehts.      I7H0. 

A'li/ron,  Professor,  Prineipes  du  Droit  des  (Jens  Luropeeiis  ronventionel  el 
Coutiniier.     17r^3. 

Ohiinilorp,  H/a-a^a^o,  sen  olenientaria   lutroduetio  Juris  Nuturrt',  Gentium, 

et  Civilis.     ]Marl)iirg,  irjOtJ. 
Oiiiptiihi,  Huron  Von,  Literatur  des  Volker-Keelrts. 
Omplcdii,  Huron    Von,  Literatur  des  Gesainiuteii  sowolil  Natur  lichen  ais 

Positiveii  Vijlkerreclit.      \7'^'f. 
(nionis,M.  If.,  Llenienta  juris   Natura^  el   (ienliuiii   una  euni  deliiiealioun 

juris  positivi  universalis,     llul'.  173."*. 

Vnjj'iiulurf,  Samuil,  Law  of  iSature  and  Nations,  wiili  the  .Notes  of  Uarlie) 

ra<',  hy  Kennet  and  Crew.     I'olio.     I7'J'.». 
I'lslcl,  V.  If.,  Fundam.'iita  jurisprudeuliie  iNatur;ilis.      Lugd.,  177.'). 

/{(iiincriil,  M.  diriud  ilt.,  Institutions  du  Droit   de  la  Nature  et  des  (ieiis 

Paris,  l."<()3. 
/.'«W<V,  .A/»if.v,  Inquiries  ill  International  l<aw.      Loudon,  l'<l"J 
llorrus.     Philadelphia,  l-0;», 

liohinsniis  Colleetanea  Maritiina       London,  L-^OL 
ItutlirrJ'orlli,  Thomas,  histililtes  of  Natural  Law.     London,  17.">0. 
liijmrr,  Thomas,  Kadera.     ".'O  vols.,  folio.     London,  173."). 

.Sarpi,  Pdola,  Del  Domino  del  Marc  Adrialieo.      Veiieta,  l()7(). 
.Satin:,  De  Legihus  et  Deo  Legislatore 

.Srhaiaa.ts,  .laroli,  Ccupiis  juris  (o'ntiuni  .Xcadeiiiiciuii       ICiOO 
Srhlrsi'l,   I    V    It  ,    .\n    Imporliiiil    l',.\Miiiiiiali<Mi    of  the    Rigiil    "f  Siiiirh   of 
Neutral  V' smI-       Plnladelplna.  f-Oj. 


vm  l.isr  or  WOKK.S  ri'O.N   I.NTIIRNATION  \L  I, AW 

Sclinxlf,  /■'.  /,.,  S\  slciiiii  juris  (iciiiiiiiii.      IVd^imc,  IT(i'^ 

>iili/llill'.,  I>IIS  r,llli)|i;ii-.i  hr  NiilKrIK  lilt  ill  lirlit   Itilihrni.      IJcrliii,   |HI7. 

\  liiiii  h.iiii! ,  .liiliiis,  S\  stciiiiiii-i  in  r  (iniiiiiii-^s  (lis   I'liirijsclnii  I'.iiriijiitiNrlit^ii 

\t)ll».IIT.llls,    |-','(». 

S'luiiirl-Jii.i,  ('.  (i.,  DisiiuisiiiDiics  sc|ii('iii  |)roi)liMnatmii  juris  iiiittiriL' i>t  gcn- 

liiiiii.     I";?"'. 
Slim  II  mi  I;,  Dc     lliiis  sci'iiikIiiiii  jus  Niilill'ii'.     Oxoii,  Kifitt 
Sililiii,  Ji'liii,  .M.'iir  ■ImiI'^iiiii  sell  dc  ilnmiiKi  iniiris. 
Silili  II,  Jiiliii,  Kcjiirt'  N.  ct  (i.  jiixt'^  (lis('i|iliii!iiii  Ilirbrn'oruni. 
s/iaiii,  (Iniieillr,  A  Tr.icl  on  tlu'  I,;i\v  of  Niitions,  iiiul  l'riiu'i]>li'!4  of  Action 

ill  .Mini.     f^vi).     LiiihIdii,  ITTr. 
'^jiiiil.s,   Jiiidl,   l)i|iiiiiii;iii('   ('iirrc-piimlriir'c   of  iliti  Aiufricaii  Kcvolutioii. 

I'»  vols.,  K\o      liosioii,  |.-:iii. 
Stonj,  Josijili,  Coiiiiiiiiil.iiics  oil  tjic  t'oiilljit  of  l.iiws.    'J(l  cil.  Uoston,  IH-ll. 

I'liijlor,  I'.lc'iiiriits  cil'( 'i\  il  \.:\\\.     Sf<oii(l  ((liiioii,  (|iiiirlo,  |i.  !•!>. 
TlionKi.oii.t,  (.'.,  ruiiil.'iiiii'iitM  juris  Natur:)'  tt   liniliiMii,  ('\  siiisii  roiniiiuni 

(liiluil;i.      11)-- 
I'l  liiiri  s,  /!'.,  S\M(i|i>is  Juris  (iinlimn.      I(»"0. 

Tiind,  ^ir  Jiiiiit .ly  l)is(|uisiiioii  ot"  llif  I, aw  of  Mature.     London,  Kl'.t'j. 
Traill',    (iiiti/ifit    i\\-    l>i|iloiiMiiii|Ui'   (tar   uii    Amiiu    .Miiiislrf.      Paris,   If^'.V,). 

Anoii\  iiioiis 


I'lillil,  /;.  ill,  l,(   Droit  (lis  <i(iis.     IT.")-'. 

]"ilr(iriiis,  ,1 .  ./.,  Iii-iitiilioucs  Juris  Natur.i'  ii  (Iriiiiuiii.      I,iii,'il.,  1711. 

rilliii-f,  M.  ill,  \,i-  Droit  i\v  la  .Nature  ct  dcs  (liiis.      I.oiidoii,  I7.">."<. 

It'iirilni,  I).  11.,  Oil  tiir  Ori^'iii,  Naturr,  Progress  and  Intluence  of  (.'onsular 

r.staldi,liiii.  iits.      Paris,  l>i:!. 
Iliinl,  Itiiliiil,  .\n  I      uir)   into  the    I'ouiidation   ;iiid    lli>tory  of  tin;    I, aw  of 

Nalioiis  ill  |jir(i,ie,  from  the  time  of  the  (ireeKs  and  Koiuans,  to  iIm;  ago 

idMirotius.      Lcuidoli,  17'.i-". 
Il'iinl,    lliiliirl,    Treatise    ii|ioii    the    Kiiilits   and    Duties   of  llelligereiit    and 


Neutral  Power-,  in  .Maritime  All'airs. 


London,  l-^Dl. 


/((((■/(.•.//(/(//i,  Jus  (onliuiii  (jiiah   ohiiiimrit   ajuid   d'ra'eos  ante  Ijellornin  euni 

Pi 
Ifiili/ii 


er-i:-  iresloruiii  luilltiiii. 


■,  .'/    ./.,  I»i-|iiii;ilio  dr  utililate  juris  Nat  lira',      (iiess,  J7iJ0. 
/( ( /.■•■/ii ,  .1/.,  (oiisideratioii-   hi>t(irii|iie   et    di|)lomati(jue   siir  les  Anibassadcs 


d.  s  |{ 


oiuains,  eoniparei  s  :iii\  inoiieriie 


ISM. 


fl'ii/iirforl,  Knihassador  and  liis  fiinelious.      folio.      London,  I71G. 
U'iiikI,  Institutes  of  the  ('i\il  ami  Imperial  Law.     ("Iiap.  Ii,  hoidv  'i. 
Utiljiiis,    ('.,    Ihiroii    I'oii,   Jus  (jieiitiuni    methudo   scieiitilica  |)ertraclntuni. 

'.I  \ols.      Lranenf,  17i:t. 
Ulicutoii,  llrnrij,  l^hineiits  ol"  International  F.,aw,  with  ii  ykcteli  of  the  IIi.s- 


tory  ol  tiic  >eien 


Phila<l< 


ll- 


i.-;{(j 


Zuuiii,  linltiinl,  Du  Jure  reciali  sive  dejure  inter  (JeiUes.     JGoO. 


IHI7, 

i)|iili»«i'lu'ii 


SKETCH   OF  THE   LIFE 


of  Artioii 
;cv()liitiiin. 
ston,  Htl. 


OK 


SIR    JAMES    MACKINTOSH.' 


coinimmi 


ir.!>3. 


1711. 

t.f  t'oiisiiliir 
the    l.iiw  ol' 

S,  to  till!  ilgli 

igorciit   iiiiil 
illonim  emu 

I7t»0. 

Aiiibiii-sudL'S 

G. 

[xTtriictiituui. 
h  of  the  llis- 


It  would  be  impossible  in  the  necessarily  liiniU d  space  appro- 
priated to  this  Bio^rr;i|)hical  Sketch,  to  give  a  very  minute  account 
of  the  life  of  this  man,  so  distinguished  fo'  I  .s  gcnius,  and  rlogant 
scl.. 'arship;  but  we  must  refer  tiie  reader  who  is  d^siroui  of  pursu- 
ni(r  the  subject  farther,  to  those  works  mentioned  .J  tlie  bottom  of 
llic  page.  Perhaps  this  sketch,  though  brief,  in  which  we  shall 
endeavor  to  present  the  prominent  events  of  his  life,  and  the  pecu- 
liarities of  his  writings,  may  invite  the  perusal  of  some  who  cannot 
readily  avail  themselves  of  other  resources. 

Sir  James  Mackintosh  was  a  native  of  Scotland,  and  de- 
scended from  an  ancient  family  of  Mackintoshes,  a  clan  of 
no  inconsiderable  importance  in  the  Highlands,  as  early  as  the 
thirteenth  century.  He  was  born  at  Aldourie,  a  small  town  upon 
the  banks  of  Loch  Ness,  on  the  24th  of  October,   1765.     His 


1  Tho   following  works  liavc  been  consulted  in  the  jircparation  of  this 

sUotrli. 

Eiicycloptcdiii  Britannicii.     Article  .Muckintoxh. 

The  Law  Maga/.ino,  vol.  f^. 

IlallV  Law  Joiiriial,  vol.  1. 

The  Monthly  Uevicvv,  1S;W,  vol.  1. 

North  American  Review  fur  Ortolier,  1832. 

American  Jurist,  July,  IfX'). 

Annual  Biography  and  Obituary,  ^S^'^. 

Memoirs  of  the  Life  of  the  Right  Honorable  Sir  James  Mackintosh,  by  his 

son. 


Review  of  the  same  in  Quarterly  Review,  1835. 


B 


'^ 


X  SKETCH  OF  THE  LIFE  OF 

liUlior,  ('nptain  Ji)hn  Mackintosh/  was  a  soldier  for  more  tlian 
twenty  years,  iiaviiiu  entered  tlie  army  (juite  younsr.  Soon  after  the 
^nl^ject  o{'  this  memoir's  birth,  liis  lallier  was  coniiieHed  to  join  th«» 
army;  and  Ix-inix  ahsent  some  eiirhl  or  ti-ii  years,  Sir  James' e;ly 
education  chietly  devolved  upon  an  exceih  iil  lirandmother  (with 
whom  lie  an<l  his  mother  lived)  wlio  early  instilled  into  his  mind  a 
taste  for  readinjj.  At  ten  years  of  aire  lie  was  placed  to  school  at 
Fontrose,  where  talents  were  developed  that  excited  the  hisrhest  an- 
ticipations of  his  friends.  A  (piick  |)erception,  and  tenacious  mem- 
(>r"  were  the  more  marked  characteristics  of  his  juvenile  mind  ;  and 
so  jirreat  was  his  proticiency  at  school,  that  at  the  aije  of  fifteen  he 
was  suliicieiitly  advanced  to  enter  Kinii's  Collejie,  at  Aberdeen. 
While  at  i'ontrose,  he  was  kindly  noticed  by  a  Mr.  Mackenzie, 
who  lent  him  Burnet's  Commentary  on  the  Tli'rty-nine  Articles ; 
the  perusal  of  which  first  excited  that  impiisitive  and  sj)ecnlative 
turn  of  mind  that  so  eminently  characterized  him  in  sub.se- 
(pient  years.  lie  read  with  peculiar  earnestness  the  article  on 
"  Predestination,"  which  Mackenzie  annotated  upon  by  observing 
that  "the  Bishoj)  had  not  ^iven  his  own  opinion  u})on  the  subject, 
but  appeared  to  be  of  the  o])inion  of  the  (ireek  Church,  from 
which  St.  Austin  departed."  In  a  short  memoir  of  him.self,  writ- 
ten while  in  India,  Mackintosh  alludes  to  this  as  follows: — "  I  was 
so  profoundly  ifjnorant  of  what  the  Greek  Church  was,  and  wlnit 
St.  Austin's  deviations  were,  that  the  mysterious  majrniiicence  of 
this  phrase  had  an  extraordinary  elfect  on  my  imairination.  My 
boarding  mistress,  the  schoolmaster,  and  the  parson,  were  orthodo.v 
Calvinists.  I  became  a  warm  advocate  ft)r  free-will,  and  before  1 
was  fourteen,  I  was  probably  the  boldest  heretic  in  the  country." 
About  this  time  he  read  Plutarch's  Lives,  Echard's  Roman  His- 
tory, Pope  and  Swift,  and  made   his  first  literary  effort  by  writing 


'  iMnjor  MfTciT  iiinkrs  lionoriil)lp  nHMitiiui  of'  iiini  niid  an  cider  l)r(>tli('r  as 
follows:  —  "John  Ma'kintosli  was  oiii'  ot'  the  most  lively,  frooil-lmniorod, 
gallant  lads  I  ever  knew  ;  and  lie  had  an  elder  lirollier  of  llie  nanio  ot'  An- 
gus, who  served  in  the  regiment  thai  eneaniped  next  to  ours,  who  was  a 
most  intelligent  man,  and  a  most  Mieom|)lished  genllemaii.  .Mr.  ."NI.'s  grand- 
father saw  liis  two  sons  return  home  at  the  end  of  the  sevi  ii  years'  war,  onu 
with  a  sluitturea  log,  and  the  other  with  tiie  loss  of  an  eye.     As  I'opu  ,says, 

'  noUi  calliinl  liKiilii^r-;  lilcil  in  In. net's  i  an>e 
In  Untain,  yet  while  Imiiur  cauiM  appliiii'je,'  " 


SIR  JAIMKS  MA(  KINT(>S1I. 


XI 


an  Eletry  upon  the  death  of  liis  uncle,  General  Fraser.  Soon  after 
this,  he  conunenced  a  regular  epic  upon  the  defence  of  Cyprus  by 
Evagoras,  the  materials  for  which  he  found  in  Rollin. 

Through  the  assistance  of  some  friends  he  obtained  pecuniary 
aid,  which  enabled  him,  in  IX»,  to  enter  college,  llis  predilec- 
tion for  metaphysical  studies  soon  became  apparent ;  for  during  his 
first  winter's  residence  at  college,  he  read  attentively  Priestly's 
Insthutes  of  Nature  and  Revealed  Religion,  Beattie's  Essay  on 
Truth,  andWarburton's  Divine  Legation.  Among  his  classmates, 
at  Aberdeen,  was  the  celebrated  Rol)ert  Hall, 4o  whom  he  became 
greatly  attached,  and  between  whom  there  subsisted,  for  nuuiy 
Jears  afterwards,  tlie  strongest  fri«  ndship.  Their  minds  were  in 
manv  respects  similnr  :  both  were  disputatious  and  tenacious  of 
their  opinions.  These  tv  o  young  men  were  the  stars  of  a  small 
tlebating  dub"-  that  they  i)riginate(l,  and  were  "  the  observed  of  all 

observers." 

The  polemic  and  political  controversies  of  the  day  were  here 
mooted  with  astonishing  ability  for  young  men  yet  in  their  teens; 
and  .MacluiUosh,  in  after  life,  alhrmed  "  that  he  learned  more  from 
these  discussions  as  to  principles,  than  from  all  the  books  he  ever 

read." 

In  I7H-J,  iMackinto>h  fell  violently  in  love  with  a  beautiful  Miss, 
"  and  exchanging  Herodotus  for  the  ladies  who  give  their  names 
to  his  books,"  wooed  her  in  prose  and  verse,  till  the  passion  was 
reciprocated  ;  and  he  now  begiui  to  lay  his  plans  for  establishing 
himself  in  the  world.  This  devotion  to  the  shrine  of  beauty,  which 
is  more  or  less  a  universal  concomitant  of  juvenile  years,  seems  to 
have  materially  interfered  with  his  regular  studies,  since  it  was 
coiitiiined  for  sonu  time,  and  as  he  himself  s;iys,  "  wns  during  six 
mouths  almost  the  only  occujiation  of  my  time."  His  highest  am- 
bition was  to  obiam  ;i  professorship  at  Aberdeen;  and  for  this  pur- 
pose he  solicited  the  inllueuce  of  his  friends  in  furtherance  of  the 
object.     However,  bi'l'ore  the  close  of  his  collegiate  course,  his  pas- 


'  During' on.-  ^^\u\rr,  mI  cnll...,.,  IImH  .iinl  .MM(l<iMto>li  met  M  livr  in  the 
nioyniiig  t..  .•nnslni.'  IMmIo,  Xmnplioii,  :ui,1  ll.rn,l„iMs.  Tli>ir  Mpplicaliuii 
.^..(•(iis  to  hiiv.^  .•x.-il.<l  111.'  .■ii\>  of  snii.r  of  ll.o  duller  fort,  and  it  \shs  on.n 
ol.srrsr.l,  ns  lil.-so  two  lVioi.<ls  jm^..  .1,  tli.-iv  go  "  Pinto  and  Iklodotlis." 

•J  Joculnilj  •■iillitl  III!'  "  ll:ill  mid  IMafkinlosii  Club. " 


i 


XII 


SKETCH  OF  Tin:  LIIi:  OF 


sion  for  Miss  S.  was  considerably  abated,  and  with  that  abatement 
vanished  the  desire  of  tillinjr  a  professional  chair.  In  referring  to  tliis 
period,  he  says,  •'  I  left,  college  with  little  regular  and  exact  knowl- 
edge, but  with  considerable  activity  of  mind  and  boundless  literary 
ambition."  lie  had  now  to  choose  a  profession,  and  that  of  the 
bar  was  the  one  of  his  ciioice;  but  in  conseciucnce  of  the  res 
(ingHftrr.  (lomi,  he  was  compelled  to  abandon  all  hope  of  this,  and  by 
the  advice  of  his  friends,  medicine  was  the  one  determined  upon. 

In  order  the  better  to  prosecute  his  medical  studies,  he  set 
out  for  Edinburgh  in  1784,  which  was  at  this  time  the  resi- 
dence of  many  distinguished  men,  —  among  whom  were  Smith, 
the  famous  political  economist;  Black,  well  known  by  his  dis- 
coveries in  chemistry;  Robertson  and  Ferguson,  the  historians; 
Ilutttm  and  Dugalt  Stewart;  together  with  many  lesser  lights, 
whose  names  arc  emblazoned  upon  the  pages  of  science  and 
literature  of  the  past  age.  Here  was  an  ample  opportunity 
for  the  disj)lay  of  talents  of  every  kind ;  and  we  soon  find 
Mackintosh  iimong  the  combatants  in  the  field.  He  became 
a  disciple  of  Dr.  Brown,  who  fancied  he  hud  made  some  new 
discoveries  in  medicine,  and  defended  Briiiionianism  with  great 
zeal.  But  though  the  Doctors  new  tiioories  seem  never  to  have 
produced  any  great  revolutions  in  pharmacy,  yet  the  mental  ex- 
erci.se  necessary  to  sustain  his  new  views,  and  combat  opposition, 
made  his  disciples  at  least  fornii<lable  in  the  war  of  words.  How- 
ever, medicine '  never  appears  to  have  been  a  fuvorite  study  with 
Mackintosh,  but  general  literature  and  the  specidative  sciences 
had  for  him  more  seductive  charms;  and  however  inconstant  he 
may  have  been  to  the  former,  he  wooed  the  latter  with  unabated 
ardor  throughout  a  long  life, 

A  few  months  after  his  arrival,  he  was  elected  a  member  of 
the  Speculative  Society,-  in  which  were  discus.sed  literary,  meta- 


'  His  nttcndnnrn  upon  iiUMlical  liM'tiircs,  wliilu  ut  Eilinbiirgli,  was  not  ns 
regular  as  a  tnu!  sou's  d)' Ksculapius  slioulil  liave  l)(M'n,and  it  was  laugliin}!;ly 
said  of  liiiii   by  the  students,  lliat  lio  was  "  an  honuninj  nicnibur  of  tlic 

class." 

*  Resides  being  n  mnnlicr  of  this,  lip  nlso  belonged  to  tho  "  Roynl  Modi- 
rnl  "  nud  "  I'iiysiral  Societies,"  in  all  of  whieli  bo  was  an  aetivo  inenilx'r. 
Before  tlie  "  Royal  INfediral  "  ho  road  an  artirb;  upon  "  Interniiltenl  Fever," 
and  to  thu  "Pbysiral,"  "On  tlu;  Instinct?"  and  Hispositionff  of  Animals  " 


SFH  J.\MF,S  MArKINTOSII 


\iu 


physical  and  political  questions.  This  preseiitcil  an  opportnnity 
{'or  the  full  scopo  of  his  vorsatilo  genius,  and  he  innnediately  lie- 
canie  <listinguishcd  as  an  eloquent  and  acute  debater.  It  was  in 
discussions  here,  with  a  Thomas  Addis  Emmet,  a  Wild,  a  Gillies 
and  a  Laing,  that  he  accustomed  himself  to  take  those  hold  and 
discursive  views  of  political  (piestions,  practiced  that  close  ami 
logical  style,  and  acipiired  that  familiarity  with  the  best  writers 
of  all  preceding  ages,  which  is  apparent  in  the  productions 
of  his  more  mature  years.  His  conversational  powers  also  were 
of  a  high  order;  and  being  of  an  ardent  temperament,  he  in- 
dulged rather  freely  in  conviviality;  which,  together  with  his  de- 
sultory method  of  study,  alienated  from  him  s(mie  of  his  nearest 
friends,  who  were  fearful  that  his  habits  would  lead  him  to  un- 
happy consequences. 

However,  in  1787,  he  received  his  medical  degree,  and  compos- 
ed ui)on   the  occasion,  a  Latin  thesis,   "  Dv  Actioiii:  MiiMulari.' 
The  ability  with   which  he  treated  this   subject  was  highly  com- 
mendable, and  excited  the  wonder  of  those  who  knew  the  imlitler- 
ence  with  which  he  had  attended  to  his  medical  studies.     Soon 
after  taking  his  deirrce,  he  departed  for  London,  where  he  arrived 
in  the  spring  of  ITiSK     He  took  up  his  residence  at  the  house  of  a 
maternal  relation,  Dr.  Fraser.     Among  the  frecpient  visitors  at  his 
house,  was  a  Miss  Stuart,  with  whom  Mackintosh  l)ecame  acquaint- 
ed, and  for  whom  he  had  a  high  regard.     She  was  a  younnr  huly  of 
rt>spectable  Scotch  parentage,  and  was  more  distinguished  for  her 
amiability  and  intelligence,  than  for  her  beauty  or  wealth.     Their 
acciuaintance  ripened  into  mutual  esteem  and  afl'ection,  and  they 
were  clandestinely    married   a  few    months  after  they    first   met. 
The  friends  of  both  parties  were  nnich  ofl'ended  at  this  hasty  mar- 
riage; and  Mackintosh,  at  the  age  of  twenty-four,  was  without  any 
regular  employment,  without  means,  and  encumbered  with  the  ex- 
penses of  a  family.     lie  contemplated  a  settlement  at  Bath,  but  for 
some  cause,  this  plan  was  never  carried  into  effect.     Another  pro- 
ject  fitr  establishing  himself  in   the  profession,  was   to  go  to   St. 
I'etersburgh  as  [)hysician  to  his  im|)erial  majesty  ;   l>ut  his  pecuniary 
endtarrassments,  his  dislike  of  the  profession,  together  with  a  fond- 
ness for  a  Lontion  life,  finally  deterred  him  from  going  to  the  Con- 
tinent. 


M 


XIV 


sKF/nii  nr  Tnr  i,irr;  or 


About  this  tinu",  his  rallicr  (lying,  a  HinuU  paternal  inheritance 
at  Kellachic  descended  to  iiiiii,  whicii  was  converted  into  money; 
but  so  great  was  bis  im|)rovidence  in  relation  to  pecuniary  matters, 
that  he  was  soon  again  destitute.  The  Regency  question  was  now 
the  all-absorbing  topic  of  the  day,  and  Mackintosh  partook  of  the 
general  excitement.  lie  made  his  tirst  appearance  as  a  i)olitician, 
by  writing  a  pampiilet  in  favor  of  the  claims  of  the  I'rince  of  Wales, 
and  seconded  Kox  in  his  ctlorts  to  establish  that  there  was  no  dif- 
ference, between  the  then  state  of  the  .sovereign's  '  health  and  a 
natural  demise.  Ilowtner,  the  parti/ans  of  the  I'rince  faihul  in 
obtaining  the  ascendancy,  in  conserpience  oi'  the  recovery  of  the 
kiiiii;  and  the  pamphlet,  with  the  defeated  party,  was  soon  forgot- 
ten. His  taste  tor  politics  was  further  evinced  by  the  active  part 
he  took  in  promoting  the  claims  of  llorne  Tooke  to  a  .seat  in  Par- 
liament. I  lis  exertions  brought  him  in  contact  with  many  promi- 
nent politicians,  and  he  was  a  fre<pient  guest  of  the  candidate 
whose  cause  he  had  espoused. 

In  the  latter  part  of  17S1*,  he  went  to  Leyden,  where  he  remain- 
ed some  months  perfecting  himself  in  his  medical  studies,  whicli 
he  had  again  resumed.  During  his  residence  u])oii  the  ("ontinenl, 
he  acipiired  a  perfect  knowledge  of  the  Trench  language,  and  was 
not  an  inattentive  observer  of  the  political  excitements  that  pre- 
ceded the  l''rencli  Itevolution.  Upon  his  return  to  London,  he 
tnade  an  engagement  with  the  publisher  of  the  "()racle,"  John 
Bell,"-'  to  superintend  the  department  of  foreign  news,  which 
aftbrded  him  a  splendid  opportunity  to  cimiinunicate  his  own  views 
relative  to  f'oiitinental  alfiiirs,  besides  securing  a  oood  compensa- 
tion tor  his  services.''     lie  now  abandoned  all   hopes  of  following 


II      (■lll)S(l|lllll( 


,r  <; 


till-    Tliii(l>;   ili'i'iiii 


It,  M; 


mUiiiIiikIi   wiis 


Inil  ti)  the  iii\  f'slifjatiiiii    ril"  the    siilijcrt,  uliiili  rcsiiltcil  in  nr:irl\   ('oiiiplrling 
a  trintisi'  iijii.n  liis;iiiity,  wlmli  wms  ;i(l\«'rlisc(],  Iml  iii'vcr  priiilid. 

'■^  I'clrr  .-111(1  ]>;iiiiil  !^tii;irt,  hrdllicrs  <<['  his  wife,  Kijl>siM|iiriilly  roiilrilpd 
the  Onirli  !iui\  Minniiii,'  I'lisl ;  llii-  I'ciriiirr  ii  I'illitc  uiid  thi'  iiillcr  ii  roxitc 
paprr.     I'liir   iiifiinii-   us   thai    .Mac  kiiitosh  widto   hiuh't-;  \'>\r  holh  ihisc  pa- 


M 


i(Unil(i>li    was    iKiw  iiiliiiiati'  with 


I" 


Koiiiillv,  Uar- 


jrravc,Sir  Franris  liiiichll,  and  Charh's  Fox;   a  imhh'  roinp.-iiiv  id'assdiiali': 


or  w  lioso  SDiii 


\y  liis  rriiiaikahh'  coUiKpiial  piiwcrs  rniiiMMitly  qiialilicd  liini. 

•■  llr  was  p.aid  ill    piopurilon   to   thf  ipiantity  cil"  matter  runirihiitcd  ;  ami 
one  wci'k,  his  fcts  nniounling  to  ten  guineas,  Mr.    Itcll  \n  reported  to   iiavi; 


SIR  JAMF.S  MACKINTOSH 


IV 


liis  profession  for  a  livelihood,  preferring  "Coke  aiid  Lytlletoii  to 
(laleii  iiiid  llipiH)cr!ites,"  and  entered  liis  niune  at  liiiic.oln's  Inn. 

In  ITDO,  Bnrke's  ''Jitfin fioiis  vpim  t/ir  iWnt/i  l{n'olii(ion" 
a|)peare(l.  The  views  pronnjljrated  in  tiiis  masterly  perfornianee, 
strnck  terror  throngliout  the  ranks  of  the  friends  of  reform,  and 
they  were  the  more  snrprised,  coming  as  it  tlid  from  that  man  of 
transcendent  abilities,  who  had  hitherto  rallied  heneiilh  the  haimer 
of  freedom.  His  former  friends,  some  of  whom  had  strnggled  with 
him  for  the  amelioration  of  man,  hy  denonncing  tyranny  and  advo- 
cating liberal  |)rinciples,  manfnlly  grasped  the  thrown  ganntlet, 
and  prei)ared  for  the  contest.  The  nnmerons  replies  that  were 
made  to  the  "  llellections,"  evinces  the  sensation  that  it  jtrodnced 
anKHig  the  friends  of  the  French  llevolnlion.  The  lirst  antagonist 
that  enconntered  Bnrke,  was  Miss  VVolstonecral't  ;  and  then  fol- 
lowed Paine,'  Priestly  and  Price;  bnt  snddenly  "a  boll  was  shot 
from  amongst  the  nndistinguished  crowd,  but  with  a  for<'.e  which 
siiowed  the  vigor  of  no  connnon  arm." 

In  April,  17«.M  ,  the  "  Vindiciir  (jliiUirtr  "  of  Mackintosh  was  i)ub- 
lished;  which,  for  beauty  of  style,  and  (>legance  of  di<'lion,  and  for 
vehement  and  im|»assioned  lan<.niagi\  may,  without  di>paragenienl, 
be  compared  with  the  '•Rrflr(tioii.<.''  -  When  we  consider  that  the 
''Vin(/i(i(/'  was  written  at  a  time  when  th(>  antlior's  family  was 
indisposed,  and  his  attention  was  nnitually  divided  between  it  and 
the  work;  and  that  when  a  chapter  was  sml  to  tli(>  press  the  suc- 
ceeding one  was  not  written,  and  that  it  was  produced  by  a  yoniig 
man  of  twenty-six,  it  must  ever  be  regarded  as  a  most   wonderful 


siiid,  "JSo  i);i]).M-  I'lni  stand  this."  Tins  ('.Mlhcniin  wri'U's  Inlmr  wiis  tlic 
cause  of  Ills  being  limited  to  ;i  fixed  salary  f'T  l!ie  future. 

'  WliiUt  Paine  wns  jireparinfi  an  answer  to  the  "  Kelleetions,"  tin- 
"Rishls  of  .Man,"  he  ai(i<lentu]ly  heard  that  MaeKiiitosh  also  wiis  writinjr  a 
reply,  and  sent  him  tiie  loilowins  niessajie  liy  a  mntnal  friend:—"  'I'ell  yonr 
friend  .MaeUintosh  that  if  he  does  tiot  make  h;iste,  ni\  work  a^tainsl  Mnrke 
will  he  piihlisheti  ;   after  whieh,  nothing  more  on  that  snlijecl  will  lie  read  " 

•  When  the  "  Roflertions"  appenreil,  Mackintosh  ea;;erly  re.ad  them,  and 
e(nieeived   the   hold    desi-rn   of  writing  a  n^jdy,  thongh    applxing  to   himself 

iliat  wi'll-known  line  of  the  jioet  — 

'•  liifrli\  purr,  ;il(iMc'  iiii|);ir  (•(iiiL'ii'ssiis  .Vcliilli." 
He   alwavri    had    the    highest    vetn'ration   and    esteem    for   Unrke  ;   which  is 
shown   hy  that  ronrteons  ami  resperifnl   manner  towards  him,  thronglioiit 
the  '■^  I'i ndidiv  ;  "  strikingly  conirastinjr  with  the  coarse  vnl{^«nsnis  of  Paine. 


1 


XVI 


sKMTcii  or  Tin;  uii:  ok 


product  ion.  It  was  ('uloijiscd  by  F»).\  and  Sheridan,  quoted  in  tiie 
I'arliantontary  dchatrs,  and  ijained  tlie  author  as  nnich  celebrity, 
lor  a  tinu\  as  was  ever  obtained  by  any  publication.'  It  was,  to 
the  advocates  of  reform,  what  Machiavelli's  "Prince"  had  been  in 
precedinji  linu's  —  a  manual,  a  text  book,  the  expounder  of  a 
powerful  party's  views. 

The  folhvwiiiiir  opinion  of  the  author  and  his  work,  was  thus  ex- 
pressed by  the  learned  Dr.  I'arr ; — "  Jn  Mackintosh  I  see  the  stern- 
ness of  a  rei)nblieaii,  without  liis  acrimony;  and  the  ardor  of  u  re- 
former, without  1ms  impetuosity.  Jlis  taste  in  morals,  like  that  of 
Mr.  Hurke.  is  ecpially  |)ure  and  delicate  with  his  taste  in  literature. 
His  mind  is  so  romi)rehensive,  that  jreiu'ralities  cease  to  be  barren; 
anti  so  My;oroMs,  that  detail  itself  becomes  interesting.  He  intro- 
duces every  <pu'slion  wilii  perspicuity,  states  it  with  precision,  and 
pursues  It  with  easy,  unaU'ected  method.  Sometimes,  perhaps,  he 
may  amuse  iiis  readers  with  excursions  into  paradox ;  but  he  never 
bewilders  ilieiii  by  llijrhts  into  romance.  His  philosophy  is  fur 
more  just,  and  far  more  amiable,  than  the  philosophy  of  Paine,  and 
his  elociiience  is  only  not  e(|ual  to  the  ehxpieuce  of  Burke.  lie  is 
arirumenlative  without  sophistry,  fervid  without  fury,  profound 
without  ob.scurity.  and  sublime  without  extravajrance." 

'I'lie  sale  of  the  "  liinliria;'"'  was  unprecedented;  three  editions 
siioceediiiMT  e;icii  other  in  almost  tlie  same  number  of  months. 

Altiiou;.fli  tlie  occasion  that  produced  it  has  passed,  and  many 
i>r  its  principles  have  been  demonstrated  to  be  Utopian,  yet  it 
may  be  said  to  have  exerted  a  beneticial  inlluence  by  showing 
the  necessity  of  reforms,  which  have  been  and  are  still  being 
made.  .As  (be  book  is  now  rather  scarce,  a  short  quotation 
iVoiii  it  limy  not  be  inappropriate  or  uninteresting.  The  character 
of  l.oiiis  XIV^  IS  thus  vividly  described:  — 

"  The  intrusion  of  any  jtopular  voice  was  not  likely  to  be  tolera- 
li'd  in  the  reijfu  of  Louis  XIV.;  a  reian  which  has  been  so  often 
celebrated  as  the  zenith  of  warlike  and  literary  splendor,  but  which 
has  always  appeared  to  me  to  be  the  consummation  of  whatever  is 

'  .Mr.  t'imiiiii):  ohscrviil  nC  the  Viiidii  i;i'  "tliut  lie  iiad  road  it  with  as 
null  li  acliiiirMliun  ns  he  had  ever  tilt." 

'•'  Till'  |iiicf  iiiij;iiiMll}  ;ignrd  to  Uc  paid  for  tlin  inanuspripf,  wa.H  £30; 
h'll  ii^"  ilh'  driiiniid  I'nr  ii  liucaim;  gnat,  the  imblislar  generously  paid 
liiiii  tliricu  iliat  e^iiiii. 


SIR  JAMl^.S  MACKINTOSH 


XVII 


iidlirtiiicr  and  (Icprradinsr  in  llio  history  of  tlie  liuinaii  race.     'I'alent 
s('('iiu"(riii  that  rriirii  to  he  lohht'd  of  the  conscious  elovalioii,  of  the 
erect  and  iiiaidy  port,  which  is  its  nol>l('st  associate  and  its  surest 
indication.     The  niihl  purity  of  Feiudon,  tlie  h.fty  spirit  of   Bos- 
suet,  the  masculine  mind  of  Boileau,  the  suhliine  fervor  of  Cor- 
ueiMe,  were  confounded  l)y  tlio  conlasrion  of  ifruominious   and  in- 
discriminate servitude.     It  seemed  as  if  tlic  representative  majesty 
t>f  tlie  genius  and  inteUect  of  man  were  prostrated  l)e fore  the  shrine 
of  a  sa"iguinary  and  dissolute  tyrant,  wlio  practised  tlie  corruption 
of  courts  without  their  mihiuess,  and  incurred  the  guilt  of  wars 
without  their  glory.     His  highest  praise  is  to  liave  supported  the 
stage-port  of  royahy  with  eiVcct.     And  it  is  surely  dilVicult  to  con- 
ceive  any    character    more  odious   aiul   de.^picahle  tlian  that  oi  a 
puny  lihertine,  who,  under  the  frown  of  a  strumpet  or  a  monk, 
issues  the  mandate  that  is  to  murder  virtuous  citizens,  to  desolate 
happv  and  peaceful  handets,  to  wring  agonising  tears  from  widows 
ami  orphans.      Heroism   has  a   .splendor  that   almost  atones  for  its 
excesses!   hut  what  shall  we  think  of  him,  who,  from  the  luxurious 
and  dastardly  security   in  which  he  wallows  at  Versailles,   issues, 
with  calm  and  cruel  a|>athy,  his  orders  to  hutclier  the  pvotesiaiits 
of  Lauguedoc,  or  to  lay   in  ashes   the  -  illages  of  the  ralatinate  ? 
On  the  recollection  of  such  scenes,  as  a  scholar,  I  hlush  for  the 
prostitution  of  letters;  and  as  a  man,  I  blush  for  the  patience  of 
humanity." 

In  1T0.">,  he  was  admitted  to  the  bar.  A  .study  of  the  technical- 
ities of  the  law  must  have  been  sufficiently  tedious  to  a  mind  accus- 
tomed to  soar  in  the  higher  regions  of  philosophy,  and  we  may  well 
suppose,  from  his  fondness  for  society  and  literature,  that  the  old 
black-letter  tomes  were  not  very  critically  or  frequently  consulted. 
Yet  he  had  a  great  desire  for  professional  distinctiim,  which  stimu- 
lated him  to  master  most  o\'  the  miimtiin  of  practice.  He  became 
attached  to  a  di-batiiig  club,  wher(>  he  made  the  acquaintance  of 
Mr.  Scarlett  (afterwards  Lord  Abinger,)  Lord  Teuterden  and  oth- 
ers, among  whom  his  ready  elocution  and  powers  of  disputation 
were  duly  "ippreciated.  He  wa.-  also,  at  this  period,  a  cimtributor 
to  the  .Monthly  lleview,'  in  which  the  following  articles  are  known 
to  have   been   from   his  ^^vii  :  —  Rv\'n'\v  of  (iibhon's  ]\li.<nIlainoi(i 


1  Vi.l.'  v.. Is.  lit, -JU  and  -21. 


(• 


W  III 


•Kr/nii  OF  Tin:  Ln  i:  or 


ir«/7.s."  also  Mr.  llosfoc's  Lift'  of  Lorcmn  tic  Hfidiii,  iind  a 
Crit'niiio  iipoii  IJiirke's  '*  T/i(>ii<;/ifs  on  a  Jiii^iritlr  I'rart."  His 
miiarks  upon  tlio  latter  aro  imrivallcd  s|H'ciiiuMis  of  clrvatod,  dijr- 
iiitit'd  tritici-in  :  wliicli  was  tlie  caiis(>  of  the  author's  rrcciviiiji  a 
polite  invitation  t'roin  Uiirke  to  visit  liini  at  Deaconslield.  The  iii> 
vitatioii  was  accepted,  and  these  two  j][reat  political  aiitarroiiists 
were  in  conclave  lor  several  day^-,  discnssiiitr  «piestio!is  upon  which 
all  Knropo  was  divided  in  opinion.  It  is  said,  that  at  the  end  of 
tiiree  days,'  Hiirke  prevailed  upon  liiin  to  renounce  some  of  the 
doctrines  niaintaiiied  in  his  "  IV/uZ/V/V/,"  which  Mackintosh  frankly 
acknowled<jed  to  some  of  his  l„uidon  friends.  The  followinj^  let- 
ter, written  l>y  him,  to  I'nrke,  ahoiit  this  time,  informs  us  of  the 
estimation  in  which  lie  held  this  celehrated  philosopher  and  states- 
man, and  also  contains  a  recantation  of  some  of  his  former  jiolili- 
cal  principles. 

"  Trom  the  earliest  nionient  of  rellectioii,  your  Mritinjis  were 
my  chief  study  ami  deli^xht.  'J'he  instruction  which  they  contained, 
is  endeared  to  me  hy  heinix  entwined  and  interwoven  with  the 
freshest  and  liveliest  feelin;is  of  youth.  The  enlhnsiasin  with 
which  I  once  ciiiliraced  it,  is  now  ripened  into  solid  conviction,  by 
the  experience  and  meditation  of  more  mature  ajfe.  l''or  a  time, 
indeed,  .«ediiced  i)y  the  love  of  what  !  thono;hi  liherty,  I  ventured 
to  oppose,  without  ever  ceasinif  to  venerate,  that  writer  who  had 
iiiiiirislifd  my  iiiiderstaiidiiiLf  with  the  most  wholesome  principles 
of  political  vvixlom.  I  s|)eak  to  state  facts,  not  to  Hatter;  you  are 
ahove  ll.iltery  :  and,  i)ermit  iiu;  to  say.  I  am  loo  proud  to  (latter 
even  you.  iSiit  I  can,  with  triitli,  atlirm  that  I  sniiscrihe  to  your 
;xeneral  principles,  and  am  prepared  to  shed  my  hlood  in  defence 
of  the  laws  and  <'onstitulion  of  my  conntrv.'' 

ISiirke  s  repjiv  to  tins,  allows  us  the  admiration  and  high  regard 
that  he  had  for  liis  (|iioii(l;im  antagonist. 

"Sir,  —  The  very  olilicrinir  letter  with  which  you  have  honored 
iiu\  is  well  calculated  to  stir  up  those  remains  of  vanity  that  I  had 
hoped  had  heen  nearly  extinguished  in  a  frame  approaching  to  the 
dissolution  of  every  thing  that  can  \W{\  that  pas.sion.  But,  in 
truth,  it  atforded  me  a  more  solid  and  a  more  .sensihie  consolation. 


'    Vide    tilt     Life    lit"  Miirkilllosll,  liy    llis    Soil,  vol.  1,  ]).  Dl,  fur   soiiio    frag- 
niiiil-s  ol'llic  llirt'c  day  M  coiivirsutiun. 


1 


SIR  JAMKS  IMArKINTuSII 


\i\ 


iiiul    n 
Mis 

0(1.  tWir- 

■iviii^  !i 

rriio  iii- 

ifjonistH 
wliicli 
(Mid  of 
of  Ihc 

Irankly 


Tlio  viow  of  ii  vijjTorous  mind,  siil)(luin<i,  by  its  own  constitiitionaJ 
force,  tlie  luiiludit's  wliicii  tlmt  very  force  t)f  coiistiliitioii  hud  pro- 
duced, is  ill  itself  ii  spectacle  very  ploiisinjj  and  very  instructive. 
It  is  not  proper  to  say  anytliin<r  more  about  myself  who  /mri'  hmi, 
but  ratiier  to  turn  to  you  who  rirr,  and  who  prol»ably  will  be,  and 
from  whouj  the  world  is  yet  to  expect  a  ifreat  deal  of  instruction, 
and  a  ifreat  deal  of  service.  You  have  bcjfun  your  opposition  l»y 
obtaininrr  a  <rreat  victory  over  yourself;  and  it  shows  how  much 
yfuir  own  sagacity,  operatinsj  on  your  own  experience,  is  capable 
of  addintr  to  your  own  extraordinary  natural  talents,  and  to  your 
early  erudition.  As  it  is  on  all  liamls  allowed  that  you  were  the 
most  able  advocate  of  the  cause  which  you  supported,  your  sacri- 
Hce  to  truth,  and  mature  rellection,  adds  much  to  your  glory." 

In  171>7,  Mackintosh  suiTered  the  severest  of  domestic  calami- 
ties—  tiie  loss  of  his  inestimable  wife  —  to  whom  he  pays  the  fol- 
lowing beautiful  and  pathetic  tribute  : ' 

"Allow  me,  in  justice  to  her  memory,  to  tell  you  what  sue  was, 
ami  what  I  owed  her.  I  was  guided  in  my  choice  oidy  l)v  the 
blind  alfectiou  of  tny  youth,  and  might  have  formed  a  connection 
in  which  a  short-lived  passion  would  have  been  followed  by  repen- 
tance and  disgust;  but  1  found  an  intelligent  companion,  a  tender 
frieuil,  a  prudent  monitress,  the  most  faithl'ul  of  wives,  and  as  dear 
a  mother  as  ever  children  had  the  misfortune  to  lose.  Had  I  mar- 
ried a  woman  who  was  easy  or  giddy  enough  to  have  been  infected 
by  my  imprudence,  or  who  had  rudely  or  harshly  attempted  to  cor- 
rect it,  I  should,  in  either  case,  have  been  irretreviably  ruined  ;  a 
fortune,  in  either  case,  would,  with  my  habits,  have  been  only  a 
shorter  cut  to  destruction.  But  I  met  a  woman,  who,  by  the  ten- 
der management  of  my  weaknesses,  gradually  corrected  the  most 
pernicious  of  them,  and  rescued  me  from  the  dominion  of  a  degra- 
ding and  ruinous  vice.  She  became  prudent  from  atTection ;  and, 
though  of  the  most  generous  nature,  she  was  taught  economy  and 
frugality  by  her  love  for  me.  During  the  most  critical  period  of 
my  life,  she  preserved  order  in  my  affairs,  from  the  care  t)f  which 


'  Tliia  was  written  in  a  bntiT  to  liis  frioiKl  Dr.  Parr,  win)  olistivcs,  "  Tliat 
III'  never  reeeived  from  nirirtal  man,  a  fetter,  wliieli,  in  imint  ufeDuiiiosilion, 
eoulil  t)e  eonipareit  with  it.  " 


XX 


sKi;r(  II  HI  Till.  1,111.  or 


slio  rc'liovfMl  111*' :  >\\r  irrntlv  rcclainicfl  iiii"  Irnm  di-isipation  :  slic 
propiKfl  niy  wfuk  and  irrc-oliin'  iiiitnrc  :  slir  iirircd  my  iiidulciice 
to  all  » ho  exertions  thai  have  hern  ii-ct'iil  and  iTcditahlc  to  me: 
and  she  wa^  |)cr|>('tiiallv  at  hand  to  admonish  my  htTdltv>>Mc.«.s  and 
improvidoncc.  To  her  I  owe  that  I  atn  not  a  niin<d  outcast  :  to  her 
wliatcvcr  1  am:  to  lur  wiiat  ever  I  shall  he.  In  her  solicitndf  for 
my  interest,  she  never,  tor  a  moment,  forL'ot  my  I'eeliiiirs  or  my 
character.  Kveii  in  lier  occasional  resentment,  tor  which  I  hnt 
too  ot'ten  gave  jiisi  canse,  (wonhl  to  Go<l  that  1  conid  recall  these 
moments!)  she  had  no  siillenness  or  acrimony  :  her  t'eeliiii;s  were 
warm  and  impetuous,  hut  >he  was  |)lacal)le.  tender,  and  constant  : 
.she  united  the  mo^^t  attentive  prudence,  the  most  (."'ueroiH  ;iiid 
gudeless  nature,  with  a  spirit  that  tlisdained  the  sliadow  ot'  mean- 
ness, and  with  the  kindest  and  most  honest  heart.  Such  was  siie 
whom  1  have  lost  :  and  I  have  |o>t  her  when  her  excellent  natural 
sense  wa.s  rapidly  improvinix,  and  moiddiuir  our  tempers  to  each 
other;  when  a  kiiowledire  of  her  worth  liad  refined  my  youthful 
love  into  friend>hip,  before  a<ft'  had  deprived  it  ot'much  of  its  ori<r. 
inal  ardor.  I  li.st  her,  alas  !  (the  choice  of  mv  youth  and  the  part- 
ner of  my  misfortunes.)  at  a  moment  when  I  had  tiie  ]trosppct  of 
her  sliariiiff  my  l)etter  days.  This,  my  doar  ^ir.  is  a  calamity 
which  tlio  prosperity  of  the  world  cannot  repair.  To  expect  that 
any  thing  on  this  side  of  the  grave  can  make  it  up,  would  1)0  a  vain 
and  delusive  expectation,  if  1  had  lost  the  giddy  and  thoughtless 
companion  of  prosperity,  the  world  could  easily  have  repaired  my 
los.s;  hut  I  have  lost  the  faithful  and  tender  partner  of  my  misfor- 
tunes: and  my  oidy  consolation  is  in  that  Being,  under  whose 
severe,  hut  paternal  cliastisemeiit.  I  am  cut  down  to  the  grouiui," 

in  IT1M1,  haviuir  a  limited  practice  at  the  har,  and  as  a  means 
of  enlartiiiig  his  income,  he  amiounced  to  the  puhlic  his  inten- 
tion of  delivering  a  course  of  lectures  upon  "The  Law  of 
Nature  and  Nations,'  and  made  apj)lication  to  the  Uencher.s 
of  Lincoln's  Lui,  for  the  use  of  their  Hall,  for  that  purpose. 
Party  spirit  was  still  rife  in  all  ranks  of  society:  and  these 
notahle  Benchers,  fearing  lest  they  should  he  the  means  of 
perpetuating  Jacohiiiism,  stoutly  demurred  to  having  their  Hall 
prostituted  to  such  an  ignoble  purpose.  Pitt  and  Canning  endeav- 
ored to  (piiet  their  apprehensions  and  alarms,  but  to  no  purpose; 
and  the  interference  of  Lord  Chancellor  Loughborough,  at  last  put 


silt  JAMF'.S   >f  \(  KINTOSII 


\\l 


She 
Iciicc 
me  : 
a  Mil 
o  luT 
I'  t'tir 
'  my 
f  l>iit 
tlirsc 

WlTf 

tttiit  ; 
I-  and 

incaii- 
is  .-lu' 

atiiral 
cacli 

Xltllt'lll 

s  oritr- 
0  part- 
IOC  t  of 


a  <iiii('tii<  upon  tlioir  (ili-iiii;ini'\ .  hv  ordfrin;.'  tin-  Hall  to  lie  (ipcMirtl. 
The  plan  marked  out  liy  Maekiiito^li  lor  the  eoiirse  ot"  leelnres, 
was  indeed  vast,  and  woidd  never  havf  heeii  undertaken  exeept  Ity 
a  mind  conseions  of  its  own  Itonndless  powers,  lie  had  tjiven  the 
snhjeet  iimeli  attention  het'ore  suhmittinir  his  plan  tt)  the  world  : 
and  npon  the  pni)ii('ation  of  the  IntnnhntDri/,  it  was  evident  that 
he  had  laid  every  department  of  literature  under  eontrihution,  to 
emitellish  and  adorn  this  most  valuable  department  of  law.  With- 
out descendini:  into  the  minutiii,'  i>f  his  suhjeet,  like  his  (jreat  pre- 
decessors (jrotiu>  and  Pulfendorl",  lie  extracted  the  jfreat  ijovernini^ 
principles  —  the  pliilo^uphy  —  t'rom  the  mass  of  undi<;ested  learniiifr, 
an<l  presented  them  ni  a  mo.-t  attractive  form.  "  What  was  intri- 
cate, he  disentan«il(il  :  ht>  coiifirmoti  wliat  was  donhtful :  end)ellish- 
eil  what  was  dry;  and  illustrate<l  what  was  olisciire.  Like  tiie 
splendor  of  the  iroldtn  honjjrh  that  Wore  the  Trojan  hero  thrtuicrli 
the  darksome  retfions  of  the  nether  realms,  the  luminous  ^rlance  of 
his  uennis  iiarled  tliri)Mi;li  all  the  branches  of  the  tree  of  knowl- 
edge, and  trilded,  with  a  new  liirlit,  every  leaf  u|)oii  which  it 
shone  :  " 

"Aiiri;ii|u.'  iiigfiiii  ]irr  r;iino<  aura  ril'iiUit.  " 

Never  was  a  course  of  lectures  graced  with  a  more  distinguished 
auditory,  ("ommon'^rs  and  peers,  lawyers  and  nonprofessionals, 
students  of  the  Inns  of  Court,  all  crowded  to  Lincoln's  Inn  Hall  to 
listen  to  this  L^reat  CNpouiiiler  of  International  Law.  The  cour.sc 
occupied  thirty-nine  lectures:  and  to  tiie  L^reat  regret  of  every 
body,  only  the  Introductory  Lecture  was  ever  prepared  for  the 
press.'  He  delivered  them  principally  from  m>tes,  relying  upon 
his  great  fund  of  le  irniiig  for  ampliticatioii  and  illu.stration. 

Hazlitt  has  left  us  an  exceedingly  graphic  sketch  of  the  lecturer 
and  the  lectures;  "  In  these  lectures  he  showed  greater  confidence 
and  was  more  than  usual  at  home.  The  etfect  was  more  electrical 
and  instantaneous;  and  this  elicited  a  i)rouder  display  of  intellec- 
tual riches,  and  a  more  animated  and  imposing  mode  of  delivery. 
He  grew  wanton  with  success.    Dazzling  others  with  the  brilliancy 


'  III  wiiliiig  til  a  fiiciiil,  111'  «;i\s,  "A-  Id  piililiciliull,  lliiit  is  ;i  ii>all<'r, 
wliirli,  it'  it  cvrr  liiki"i  jiliiic,  }  I'll  iinii-t  wmIi  ,i  Imig  tiiin;  ;  scvi'i'al  y<:nr.-»  will 
be  nt'cussiiry  to  digi'st  and  iiiijirovi:  the  wurk." 


X\ll 


sKF.Tcsj  or  Tiir.  i.iir.  or 


(if  Ills  aciiuircmcnt-i,  (l;r//lo<l  liimsclf  l)y  tlu;  ixliiiinition  tlioy  oxci- 
IimI,  lie  Inst  ti'ur  as  wi-ll  as  prmlciicc  —  dared  ovt-ry  tliiiijj  —  ciirrit'd 
i'Vtry  lliiiiix  liflnrc  him.  Tlif  imidcrii  pliilnsopliy,  c«Hiiil('rscar|», 
uiilwiirks,  tiladt'l  and  all.  till  without  a  Mow,  hy  '  tli(>  wliitl'  and 
wiiiil  ol"  his  tell  doctrine,'  as  il'  it  had  hciii  a  pack  of  rards.  'I'lic 
volcano  tit'  ihf  I'rcnili  Ucvoliitioii  was  seen  cxpirinj^  in  its  own 
llaincs,  like  a  Ixinlirc  made  ol"  straw.  'I'lic  principles  of  retoriii 
were  scattereil  in  all  direciiiuis,  like  cliatV  het'ore  the  keen  iiortlierii 
lilasl.  lie  laid  aliont  luiii  like  one  inspired:  iiolinii^  conid  with- 
stand Ins  envenomed  tooth.  Like  some  savai^o  l)ea.st  jjot  into  tiie 
•garden  of  the  tahled  llesp(>rides,  he  made  clear  work  of  it,  root 
and  hranch:   with  white  foamiiiir  tusks, 

'  f.iiiil  w.isii'  the  Ixprilcr-,  ami  o'crllirrw  tiii'  liowrrs.' 

The  havoc  u.i-;  ama/iii'i,  tlu'  de.-olation  was  coiiipleto.  As  to  our 
visionary  sceptics  ami  philosopliers,  they  stood  no  chance  with  onr 
lectnrer:  he  did  not  'carve  them  as  a  dish  lit  for  the  go<ls,'  but 
hewfd  theiii  as  a  c.ircass  lit  for  lioinids." 

I  ha\e  mil  willi  l>nt  tuo  or  three  iV.iLrmeiils  preserved  from  his 
iiiipiihlished  Lectures,  which,  I  doiilit  not,  will  lie  <|uite  acceptable 
to  the  reader,  ami  we  tluret'ore  |ireseiil  them: — 

'•  In  the  examiintioii  of  laws,  I  .■<liall  not  set  out  with  the  .'issninp- 
imn  that  all  the  wise  men  of  the  world  have  been  hitherto  toilinjf 
to  build  u|)  an  elidxirate  system  of  folly,  a  stupendous  edifice  of  in- 
justice. As  I  think  the  contrary  presumption  more  reasonable  aa 
well  as  more  mode.<t,  1  .-hall  think  it  my  duty  to  explore  the  c<ides 
of  nations  for  those  treasures  of  rea.'^on  which  iiin<i  have  been  de- 
posited there  iiy  thai  vast  stream  of  wisdom,  which,  tor  so  many 
a^cs,  has  been  Ihnvinif  over  them.      Such  a  philosophy  will   be  ter- 


ri 


hie    t 


o  none  of  my  hearer 


i; 


mpirica 


1  slat 


esmeii  have  despisec 


d 


science,  and   visionar;,  specu!  itors  have  despi.sed  I'xperience ;  but 

'  e  who  w;is  both  a  |ihilosopher  and  a  statesman,  has  told  us,  '  Thi-s 

<  that  which  will  indeed   diirnify  and  exalt   knowletliri-,  if  conteni- 

lation  and  action  may  be  more  nearly  compared   and  united  than 

ley  have  hitherto  been.'     'J'Ik  se  are  the  wdrds  of  Lord   Bacon; 

,>d  in  his  sjiirit,  I  shall,  throii^rhout    these  lectures,  labor  with  all 

ly  might  to  |)rove  that  plulo.sophical  truth  is,  in  reality,  the  foun- 

lation  of  civil  and  moral  prudence.     In  the  execution  of  this  ta.sk, 

I  tru.st  I  shall  be  able  to  avoid  all  obscurity  of  language.     Jargon 


1 


SMI  JA.MI.S  MACKINTOSH. 


XXIIl 


is  not  |)hih)sophy  :  tliniiiih  lie  who  first  nssmncd  llio  iiuiiu'  of  plii- 
losoplicr,  is  s;ii(i  ity  Liiciiiii  to  liiivc  cimrcsscd  lliiit  he  iii;i(!<'  liis 
tlortriiirs  woiidcrrul,  to  attract  the  admiration  ditlic  vMJjjfar.  You 
will,  I  hope,  prcl'.T  the  taste  of  a  irrciitcr  than  l*vllian:oras  ;  of  wlioin 
it  was  said,  'that  it  was  his  course  to  uiaUc  wonders  |)lain,  not 
plain  things  wonderful.'  " 

In  another  fragment,  he  thus  descrihos  the  coiniection  of  a  classi- 
cal education  w  itii  morals ;  and  w  iio  can  read  this  elo(|nent  and 
just  encomium  upon  the  writers  of  ancient  times,  without  perceiv- 
inif  tlie  correctness  of  his  |)ositions  ? 

"  I  am  not  one  of  tlios(!  who  think,  tii;it  in  the  sy-teni  of  liUirlish 
education,  too  nun-li  time  and  lulmr  are  employed  in  llie  study  «)f 
the  ian^fuaifcs  of  (ircece  and  llonii':  it  is  a  popular,  hut  in  my 
huud)le  opinion,  a  very  shallow  and  \id;xar  objection.  It  would  he 
easv,  I  think,  (o  prove  th;U  too  iiiuch  tiuu;  can  he  scarcely  em|)loy- 
ed  on  these  laniiua;L;e.s  by  any  nation  which  is  desirous  of  i>res(>r\- 
iiiij  either  that  juirity  of  taste,  whicii  is  its  briirlilest  ornauu  nl,  or 
that  puriiv  of  morals,  whuh  is  its  strou;i<'st  bidwark. 

"  Von  niav  .le  sure,  ucntlemen,  that  i  am  not  fzoiuil  '<>  wa.ste 
your  time  by  e\p:mdiui.f  the  conuuon-places  of  paneijyric  on  classi- 
cal leiiruin<r.  I  siiail  not  speak  of  the  necessity  of  recurrinu;  to 
the  best  models  for  the  formation  of  taste.  When  any  modern 
poets  or  orators  shall  have  <'xcelled  llonn-r  ami  Demosthenes,  ami 
when  any  cousideralde  number  of  uidett'Tcd  modern  writers  (for  I 
have  no  concern  with  extraordinary  exceptions)  shall  have  attained 
eminence,  it  will  Ix;  time  enouirh  to  discuss  tin-  (piestion.  But  I 
entreat  you  to  consider  the  connection  between  classical  learning 
and  nu)rality;  which,  I  thiidi,  as  real  and  as  close  as  its  connection 
with  taste:  althouirh  I  do  not  find  that  it  has  been  so  often  noticed. 
If  we  were  to  devise  a  mi'thod  for  infusing  morality  into  the  tender 
miiuls  of  youth,  we  should  certaiidy  not  attempt  it  by  aro;uments 
and  rules,  by  definition  and  denions^tration.  We  should  certaiidy 
endeavor  to  attain  our  object  by  insinuatinif  morals  in  the  disjiruisc 
of  history,  of  poetry,  and  of  elotpience  ;  by  heroic  examples,  by 
pathetic  iiici'lents,  by  sentimenis  that  either  exalt  and  fortify,  or 
sofU'n  and  melt  the  human  heart.  If  philosophical  inirenuity  were 
to  devise  a  |)lan  of  moral  instruction,  these,  I  think,  would  be  its 
outlines.  But  such  a  plan  already  exists.  Classical  education  i.s 
that  plan ;  nor  can  niodern  history  and  literature  ever  be  substitu- 


'■-** 


XXIV 


sKi/rcH  or  Tin:  i.iri:  or 


ted  ill  its  stead.  ISIodorii  exaniplo  can  never  iiiipiiiit  on  the  yoiitli- 
fiil  iiiiiid  tlio  frraiid  and  aiiliioritative  M-iitiiiieiit,  tliaf,  in  tlio  most 
distant  ages,  and  in  states  «)t' society  the  most  unlike,  the  same  vir- 
ln(>s  have  heeii  the  oliject  of  human  veneration.  Strip  virtue  of 
the  awful  authority  uhieli  sh(>  derives  irom  llie  treneral  reverence 
of  maiikiiid.  and  you  roh  her  of  half  her  majesty.  Modern  charac- 
ter never  could  animate  youth  to  nohle  exertions  of  duty  and  of 
ijeniiis,  hv  the  example  of  that  durahle  irlory  which  awaits  tlieiii 
after  death:  and  which,  in  the  case  of  the  illustrious  ancients,  they 
see  has  survi\((l  the  sul)\c'rsiou  of  empires,  and  even  tiie  extinction 
of  nations.  Modern  men  ar(>  too  near,  and  too  familiar,  to  inspire 
that  enthusiasm  with  which  we  must  view  those  who  are  t«)  he  our 
models  in  virtue.  WIumi  our  fancy  would  exalt  them  to  the  level 
of  our  temporary  admiration,  it  is  ])erpetuallv  checked  hy  some 
trivial  circumstance,  by  some  mean  association,  j)erhai)s  hy  some 
ludicrous  recollection,  whnh  damps  and  extiiiifuishes  our  enthusi- 
asm. 'J'licv  liiul  the  same  manners  which  we  see  every  day  de- 
grailed  i)y  ordinary  and  vicious  men;  tliev  spoke  tlu'  language 
which  we  hear  polluted  hy  the  use  of  the  ignorant  and  the 
vulii'ir.  Rut  ancit'nt  sagres  and  patri()ts,  are.  as  it  were,  exalted  by 
ditVerence  of  language  and  manners,  above  every  thing  that  i.s 
familiar,  and  low,  and  debasing.  And  if  there  be  something  in 
ancient  examples  not  fit  to  be  imitaie<|,  or  even  to  be  a|)proved  in 
modern  times,  yet,  let  it  be  recollected,  that  distance  not  only  add.s 


to  their  authoritv,  but  softens  their  fierceiies 


\V 


lien  we  contem- 


plate them  at  such  a  distance,  the  ferocity  i>  lo<t,  and  lh(>  magna- 
iiiniity  only  reaches  us.  'I'liese  iiobli>  studies  jireserve,  and  they 
only  can  j^reserve,  the  unbroken  chain  of  learning  which  unites  the 


most  renioie   aener.ition? 


the   (rrand   catholic   communion   of  wi^ 


dom  and  wise  men  throughout  all  age-<  and  nations  of  the  world, 
'  If,'  says  Lord  IJ.icoii,  '  the  intention  of  the  -^hip  was  thought  so 
noble,  which  carrieth  rirlies   and   commodities  from  place  to  place. 


d  consociateth  the  ino^t  remote  reinon-i  ui   i)arti<'i!)ation   o 


f  tl 


leir 


an 

fruits,  how  much  more  arc  letters  to  be  inaif|iitie<l,  wiiicli,  as  ships, 
pass  through  the  \  asi  ,-eas  of  time,  and  make  ages  so  di>tant,  par- 
ticipati'  of  ihe  wixlom,  illununation^,  and  mvrnlions,  the  one  <d" 
the  other  I  '  Alas  I  gentlemen,  what  can  I  sa\  that  will  not  seem 
Hal,  nnd  tame,  and  uiMpid,  after  this  divine  wisdom  and  divine 
elo(jueuce  '.     liul  this  great  commerce  between  ages  will  b»!  broken 


tmi  JAMKS  MACKINTOSH. 


XXV 


yoiUll- 

0  most 
iiir  vir- 
rtue  of 
.ercnce 
char.ic- 

i\ii(l  oi" 
Is  tbcm 
Its,  they 
(inction 
>  inspire 
I)  1)0  our 
ll\e  level 
l)y   some 
by  some 
eiithiisi- 
,■  (lay  (le- 
hiiiifuage 
and    the 
xalted  by 
(T  that  is 
cthinor   in 
proved  in 
only  adds 
^  contem- 
10  n\a^na- 
,  and  they 
unites  the 
[)n  of  wis- 
tlio  worhl. 
ihoiifiht  so 
'(■  to  plaoe, 
>n  of  their 
h,  as  ships, 
liMaiit,  par- 
Uie  one  of 
il   not  seem 
and  divine 

1  be  broken 


and  intercoiHed:  the  hinnan  race  will  ho  rof'.acod  to  the  scanty 
stock  of  their  own  aijo,  unless  the  latest  generations  are  united  to 
the  eirliest,  by  an  early  and  iiitinialo  knowlodifo  of  their  langnatio 
and  their  literature.  From  the  exiicrioiico  of  former  times,  1  will 
venture  to  predict,  that  no  man  will  over  obtain  lasting  fame  in 
Icarniuir,  who  is  not  onlightonod  by  the  knowlodnro,  and  ins|)ired 
by  the  ir»>nius  of  those  who  have  gone  before  hnn.  Unt  if  this  he 
true  in  other  sciences,  il  is  (on  thousand  times  more  evident  in  the 
sci(Micc  ot'  morals.  " 

In  I7«H,  Mackintosh  urn-riod  a  second  time,  and  seems  to  have 
been  (^(piallv  as  fortunate  in  hi-  second  as  in  his  first  choice. 

'I'lie  r(  filiation  that  lie  ac(inire(l  bv  delivering  his  Lectures,  was 
of  i.rroat  asM-tanc(>  to  Inni  m  pru.'uriug  l>ractice;  "  and  ho  was  fre- 
,|iirMtlv  employed  in  arguing  .luesUons  of  international  law  botWre 
('oiiimitlc-s  of  the  House  of  ("onuuons.  One  of  his  most  distin- 
guished .■If.rls.  as  an  a.l.ocate,  w;  s  liial  made  m  defence  of 
Peltier,  'rhis  man  lb'. I  from  I'raiieo  during  the  stormy  times  of 
lIU-,;,  and  sui.p(-ited  himself  in  (.ondou  by  |)ublisliiiig  a  pajKH- 
cd  i;  Ambigu.  In  the  fuvl  number  of  tins  paper,  was  an  ode 
.llrctingpretiy  severely  up-m  Bonaparte:  and  alius  instigation  an 
action  was  brcughi  against  the  editor,  who  employe.l  .Miickiiitosli 
,„aefen<l  luia.  'I'hr  trial  cam.'  on  before  Lord  I'Jleiiborough  :  and 
an  immense  crowd  assemble.!  to  b  am  what  disposition  would  bo 
made  of  the  otbuidiug  Frenchman. 

The  counsel  bir  the  defeudant  was  eminently  (pialiiied  l!>  under- 
take the  iler,'iice :  and  upon  that  ..cra-ion  deliviTod  a  discourse  lliat 
fullv  sustained  bi>  alr.'ady  enviable  reputation,  and  which  must 
,.v<'r  umiii.-tiouablv  remain  as  one  of  the  fme.<t  specimens  of  foren- 
sic oratory.  It  b  •%  h"ue\cr,  by  some,  been  complained  of  as  be- 
ing to.,  discur.ivr,  aiel  too  liighlv  wrought  for  iheoccasi..n:  and 
li~m  others,  it  hasreccivt-.l  the  highest  encomiums.-^     It  was  trans- 


ca 
r( 


,  ,1  I,.,,  |„,,.„  ,.nil  Ih:'l  Ins  |.iarli,T  uas  aKvays  bum.  <i  ;  liul  w.  l.'.-nai 
,•,,„„  ||„.  in.-l  MiM|U,  ^lh.l,:ll.i.•  aulh.ailv  ,  llial  .huing  his  la>l  y.sir  at  lli.'  I.ar, 
,„„|  I,..  u„.  „nl^  .  |,nM  rui.mrr  mv.'M  n-'iu-s)  his  \vv.  an.o.nUc.l  to  ...or.,  than 

Cl-Jiin. 

■-■  Si.'  Williani  S.nti  sai.l  "lluaoli,'  inn.t  hi'lllia.il  s|mmm'Ii  ,-vcv  u.a.l..  at 
I,,,  „,  ,„  ,;,,,„M.  tlr.kn,.,  n,  s,M.aK,n^  m'u,  -av>,  -  I  shall  aivvavs  .nnsnl-r 
„   ,,.   , ,r,h,.    iiiM.t   -i.ini.li.l   .11...  Mis  ■.!•;;,. nil.,  hai.mits  aii.l   .1..- 


XXVI 


.sKirrtii  (»r  Tin;  liie  of 


liiU'il  into  Kroiicli  by  Mii(l;iiiic  tli'  Stiiiil :  '  which  cxtondetl  the  re- 
liuiiiuon  ot"  .Mai'UiMfosli.  already  I'avoraltly  known,  throiitrhtmt 
Eiiropo.     Ho  htiwcMT  lost  tlic  ca^c,  and  his  rlinit  was  convicted, 

Tlic  extensive  knowledire  of  international  law,  shown  hy  Mack- 
intosli  in  Ins  Lectures,  their  hrilliaiit  success,  and  Ids  ahilities  as 
an  able  and  I'earle-^  advocate,  e\  inced  at  the  trial  of  Peltier,  and 
npon  otiier  occasions,  attracted  the  attention  of  (.iovornnient :  and 
he  w;is  reirarded  as  a  suiiahle  individual  to  iill  some  one  of  the 
iuiih  Colonial  otiiccs.  Accordinyls ,  in  I^'IKJ,  ho  was  appointed 
llecorder  of  IJoinhay  :  and  n|)oii  assuming  tlie  judicial  rohe,  re- 
ceived the  honor  ol  knighthood.  Two  considerations  induced  him 
to  accept  this  appointment:  the  one,  in  order  that  he  ndtfht  accii- 
tnnlati-  a  competency  for  his  somewhat  numerous  fandly,  and  the 
other,  that  he  luiLiht  pro-ecute  his  literary  jjiirsuits  less  unintt'rrnpt- 
edlv  than  at  h(  ine,  amidst  political  excitements,  'I'JU'  year  fol- 
low ni^r  his  ap|i('intnient.  he  set  out  lor  India,  accompanied  hy  his 
family,  "  multa  et  preclara  minans  of  Icfral,  philosophical,  and  his- 
torical works."  Dnrinir  ii  residence  id'  ei^dit  years  in  the  I'last,  ho 
produced  no  work  of  any  unseat  size  :  yet  we  are  not  to  infer  from 
this  that  he  was  inactive  or  indolent,  \either  did  he  extend  his 
researches  into  Oriental  literature,  as  his  nrvM  prodocossor,  Sir 
V\  illiam  Jones,  had  done  :  lint  spent  his  leisure  moments  in  r<'adin(f 
and  {  xauiininL'  historical  and  metaphysical  works,  the  results  of 
which,  in  subsequent  years,  he,  in  part,  ^rave  to  the  worhl  in  Ins 
Ahridirod  Ifistorv  ot'  ilni.dand,  and  ni  a  Dissertation  upon  the  Pro- 
trress  of  Kthical   I'hilo.-ophy. 


I.iinl  I'.l]i'iili(inin;;li,  in   lii.-<  rliar^'c   tu   tjji'  jury,  [ironounci'd  it  to 


lllc    lllll^I   (  liMIl 


Milt  uialinii  hr  li.iil  t  V  I'l   Inaril. 


.Ma<i:i 


Willie    III    I'Mli' 


lii    StacI    lliiK 
('  I  -I  (Ian 


|ii  alv^  nl'  ihc  jrnat  ri)ii~(]laliii|i  it  iilliii-dcd  iirr 
(1  -  juiir-  iiiauc  u\  i|iic  jr  riM  Us  Ic  |ilai(|ipMr  dc 
M  AlaiMiitn-li,  la  |c  Ills  <  I-  jiaixrs  uii  il  I'ait  Ir  |iiii'|i'ai|  <|  nil  Jiir'nhiii,  ijiii' 
>  1  si  inmilic  II  rnlilr  liaiis    la   riMiliiti"ii   cniilrc    lis  iiil'aiis,  Irs  \  Ifillurds,  ct 


!,■.    I'. 


riniiiis.  ii  ijii!  sr  jiln  siir  la  lie  rirr  ilii  I  iirsi.j  ijiii  im  ra\itjiis(|ii  a  la 
iiiiiiiiilii'  pari  ill'  ri  111'  lilii  111-  |iiiiir  lai|iiidli'  il  -r  |ir('ti'iidiiit  ariiiu.  Cr  iiior- 
irall  ill'  la  jiliis  liclli'  <'liii{lii  In  r  nirllllll  {llsi|ir  all  liinil  dr  I, 'mil',  I, is 
n|M  rii  1,1-    |ii  in  ml    ■|iiiIi|ih  I'ois.  ,i  linr  ln~rii,  soiila^jiT  Irs   iiiliirtii- 


I  I'l'U  ilMI  - 


Ill's,  ilaii-  liMi.  Il  ~  |ia\-.  I  I  ilaiis  (mis  jis  linijps 


la   I' 


tais,'iil   si    |i 


I'liiidi'iiii'iit  .iiiliinr    ill'    I 


Mill,  ipii'   ri'lti    \iii\,  ijiii'  tiinl  :i  I'll  <;i  ri'|i<iiidiiil  a    iiioii 


ami',  nil'   sriiililuil  dr-i  inilui'    ihi   ml  — clli'    \  ciidiI  d  iiii  (lav."  lilin 
.'Inui'A.i  il'  I'.sih 


l)t 


^ 


SIR  JAMES  IMACKINTOSn. 


XXVII 


lie   re- 
u«rlu>iit 
ictc'd. 
Muck- 
itics  as 
lor,  and 
It  :   and 
of  the 
pointed 
l)e,  ro- 
ced  liini 
lit  afcii- 
aiid  tlic 
nterni|)t- 
year   I'ol- 
ed  l)y  liis 
and  liis- 
I'-ast,  he 
lifer  tVoin 
•xteiid  liis 
:essor,  Sir 
II  reading 
results  of 
rid   in  liis 
n  tlic  I'ro- 


oiiliLi'tl  it  to 

iill'ordi'il  lirl 
|iliiiilii_\ir  tit! 
Jiicdiiiii,  (|ilo 

\  ilillilllls,   ct 

it  jusi|ir  a  Im 

|6.        ('('    IIMH- 

rfiiiic.  I.I  s 
r  lis  iiilnrlii- 
:iisiiil  si    |(ri)- 

lllllllit    H     lllllll 

ilin."  —  />" 


Having  learned  the  Cierinan  niul  Italian  languages,  during  Ins 
residence  aliroad,  he  read  most  of  the  i]ieta|)liysicai  works  in  the 
(briiier,  and  many  of  the  poets  and  hetter  ])rose  writers  in  the 
latter  :  besides  all  of  the  new  readable  hooks  of  England  and 
France.  He  had  also  an  extensive  eorresi)oiiden<'e  with  men  of  let- 
ters, at  home,  and  on  the  Continent  ;  which,  together  with  his  judi- 
cial duties,  occupied  the  greater  i)art  of  his  time.  He  sustained, 
while  abroad,  his  high  reputation  as  a  scholar,  and  the  ciiaracter  of 
an  upright  and  fearless  judge.  He  was  at  great  pains  to  inform  him- 
self of  the  (teciiliarities  of  the  |icople  among  whom  he  was  ])lace(l  to 
ndiiiinister  justice;  and  in  his  opening  address  to  the  jury  of  l5om- 
bay,  "  he  compared  himsell"  to  a  newly  appoiiiK  d  physician  in  a 
hospital,  who  would  fust  examine  the  bo«d\s  of  the  establishnient, 
in  order  to  make  himself  acquainted  with  the  complaints  that  were 
most  fretpiently  to  call  for  cure.'' 

"The  prevalence  of  perjury  is,  ])erliaps,  a  more  certain  sign  of 
the  dissolution  of  moral  principle,  tlian  other  more  daring  and 
ferocious  crimes,  more  terrible  to  the  imagination  :  and  of  which, 
the  immediate  C(m-;e(piences  are  more  destructive'  to  society.  INr- 
jurv  indicates  the  absence  of  all  the  common  restraints  which  with- 
hold me!i  from  crimes.  It  su|)poses  the  absence  of  all  feiir  of  human 
justice,  and  bids  deliaiice  also  to  all  human  laws;  it  supjioses  also, 
either  a  contemi)t  for  jtublic  opinion,  or,  what  is  worse,  a  state  of 
society  whicli  lias  ceased  to  brand  with  disgrace  actions  that  ought 
to  be  infamous;  it  is  an  attack  on  religion  and  law  in  the  very 
|)oint  of  their  union." 

A  ca.'^i'  of  perjury  very  soon  occurring,  he  gave  the  natives  an 
earnest  of  what  his  future  course  would  be,  relative  to  tiiis  crime, 
('poll  a  trial  of  two  individuals  for  murder,  an  Indian  woman  was 
the  principal  witness,  and  her  testimony  before  the  coroner  was 
directly  contradictory  to  that  snlisetpieutly  given.  During  the  trial, 
the  Court  asked  her  ''if  she  ihought  there  was  any  harm  in  false 
swearinir  !'■  she  re|)lied  "that  she  had  uiiil(>rstoo(l  the  Miiglish  had 
a  L^real  horror  of  it,  i)ut  that  there  was  no  such  horror  in  iter  <'oiiii- 
trv."  She  was  sentenced  to  liv(^  yciirs  im|)risoum(>nt  ;  during  which 
period,  she  had  to  stand  once  a  year  in  the  pillory,  in  front  of  the 
coiirt-hoiis(>,  with  laiiels  on  her  breast  and  back,  explanatory  of  the 
crime  of  which  she  had  ln-eii  guilty,  and  of  the  resolution  of  the 
Court  to  ado|)l  the  most  rigorous  means  for  the  extirpation  of  this 
olTence 


XXVIll 


sKF,T(  II  OF  Tin:  Mir.  or 


Sir  Jaiiips'  policy,  at  Roinhay,  wa?;  to  aiiiolioratc  llio  rii^'ors  ol" 
tlu'  law:  and  a  judicial  f\|)ciic'iici'  ol"  seven  years,  proved 
that  tlie  plan  worked  well,  altlioii^li  lie  has  l)e(>n  censured  tor  ho- 
in^f  too  lenii'iii  in  the  lollnwiMr  ca.-e  : — 'I'wo  native  ollicers  had 
a^'recd  to  waylay  and  as.-anlt  t wo  Diiichiiien  :  and  their  prohahio 
iiileniion  was  to  connnit  nuinliT.  The  |>risoners,  i\peclin<f  to  ro- 
cei\('  the  sentence  of  death,  had  liniiished  themselves  with  knives, 
and  resdlvi'd  to  sacnlice  the  seiileiicer :  Imt  their  intention  was 
intisi  opporiiMU'ly  discovered,  and  the  Coinl  t<u)k  occasion  to  make 
to  them  this  rl(i(|nenl  address  : — 

"  It  has  been  my  rat(\  in  this  place,  to  be  obliijed  to  justify  llie 
lenity,  rather  than  the  severity  of  the  penaltie>  inllicled  here.  I 
thndi.  it  is  likely  to  contniue  so:  i'or  I  have  more  confidence  in  the 
certainty,  than  in  the  <e\eritv  t>f  |)inilshment.  I  conceive  it  to  be 
the  first  duly  ol'  a  crinunal  jndu:e.  to  cM-rt  and  lo  strain  every  fac- 
ulty of  his  mind  to  discover,  in  every  case,  the  smallest  possible 
(pianlity  of  pimislmu'nt  that  may  be  eiU'Ctual  for  the  ends  of 
amendiuent  and  example.  I  consider  every  panir  of  the  criminal, 
not  necessary  tor  these  objects,  as  a  crmie  in  the  judj;e.  1  was 
employed  (addressiiiix  himself  to  tin-  ciil|)rils,)  in  considering  the 
mildest  |nd<.niieiit  which  |iublic  <liity  would  allow  me  to  pronounce 
on  yoii,  when  I  learned,  from  undoubted  authority,  that  your 
tliou;.dits  towards  me  wire  not  ol' the  >aiu('  nature.  I  was  credibly, 
or  rather  cert.iinlv  iiilonued.  ill. it  \ou  had  .■nlmitted  into  \oiir  minds 
the  ile>per;!(e  |iro|(Ct  of  dotrouiiLi  voiir  own  li\e>  at  the  bar  where 
you  siainl.  .'iiid  of  sii.niali/.niL'  voiir  >uicide  by  the  |)re\  ions  destruc- 
tion of  at  least  one  ot  vour  jiidiic;-  If  thai  murderous  project  had 
lu'eii  (  xeculed,  I  should  li;ive  been  tin  fu>t  Mntisli  iiia;;i>trale  who 
vwr  stiiined  with  hi>  bli;od  tlie  bench  on  which  he  sat  lo  adminis- 
ter jiisiici'.  iJnt  I  could  iie\er  have  died  better,  than  in  the  dis- 
char^re  of  my  duty.  When  I  iicce|ited  the  otlice  of  a  minister  ot' 
pistice,  I  knew  that  I  ou^llt  to  de-|>ise  nii|)opiilarily  and  sl.uider, 
and  even  death  itself.  'riiaiiL  (iod,  |  do  desi)ise  them:  and  I  sol- 
enmlv  as.-ure  \ou,  that  I  feel  more  compassion  for  the  ^loom\  and 
desperate  si, lie  of  mind  which  could   harbor  such  projects,  than  re- 


sentiiient  for  that  part  of  tlieui 


Inch 


w.is  directed  airainsi   invself 


I  should  consider  myself  as  mdeliblv  dis:_rraced,  if  ti  llion^lit  of  \oiir 
firojects  a^^ainst  me  were  to  inlliiein c  my  jndtrmeiil." 


Th 


■V  were  sentenced  to  tueUe  nionlhs  imprisonment. 


SIU  JAMMS  IVl ACKINTOSII 


XXIX 


rigors  ot 
,   |)rove»l 
(1  lor  1)0- 
iccrs  had 
pr;)l)al)lo 
iiiif  to  ro- 
ll kui\('s, 
ititm  was 
I  to  iiiako 

Histily  tlio 
I  lioro.  I 
lu'c  in  tlio 
vo  it  to  1)0 
cvory  lac- 
st  possiljlo 

0  ends  ot" 
(•  criniiiial, 
ire.  1  was 
idfriiiii  tlio 

proiiouuoo 
,  tliat  your 
as  orodihiy, 

your  iiiiiitls 
i"  l);\r  whoro 
.)\is  tli'stnii-- 

jiidici't  liail 
^islralc  who 

lo  lulminis- 

1  in  the  <lis- 
i  miiii-li'i'  ot 
mill  slaiidor, 
,1  ;   and  1  sol- 

crjooiiw  and 
-cts,  tli:iu  ro- 
:aiiisl  myscir. 
oiiwht  of  \oiir 

111. 


As  ii  Vico-Adiiiiralty  Jiidfrc,  his  docisioiis  wcro  govoriK'd  l»y  tliiit 
hiirli  and  liboral  policy  which  iulluoiiccs  the  judiriiu'iils  of  tlioso 
dooply  iinhiiod  with  correct  views  of  iiiternalioiial  law;  and  he 
claimed  the  same  indopeiideiice  tor  the  Admiralty,  astli(>  Conrls  of 
Common  liaw  assort. 

Diirinir   his   residence   in    the  Ivisl,   he    loiinded   the    Homhay 
liiterury    Society;     made    several    valuahle    comiiiimications    to 
the    Asiatic    llejfister ;     and    assisted    IJiKdiauan    in    his    vahiahle 
work    upon     India.      In    1^1  I,    on   accoimt    of    indisposition,    he 
obtained   permission   to  retnrn   to    iMitrlaml;    without   having;  liiliy 
attained  the   acc,omi>lishment  of  either  of  the  desi^nis  tor  which  he 
accepted  the  judffesliip.      He  however  received  iVom  the  Mast  India 
Companv  a  ])ension  of  XVZW)  a  year,  and  was  ai)poinied  Professor 
of  Law   and  General  J'olily,  in  the  KasI  India  Colieire, ar  Lon- 
don.    \n  l^^l:?,  he  obtained  a  seat  in  Parliament  :  and  conlinned  to 
represent   here  varions  boronirhs  dnrintr  tlie  remainder  of  his  life. 
In  ihe  Honse,  he  nsnally  voted  with  the  Whius,  but  was  never   an 
nltra  party-man.    On  (jnestions  of  Foreiiiii  I'olicy  and  Inleniational 
I,aw,   on   the    Alien   Bill,  on   the   Liberty  of  llie    I'ress,   on    Keiiir- 
lons  Toleration,  on  the  Slave  Trade,  on  Ueform  in  Parliament,  on 
till"  KiLdit  of  the  Colonies  to  Self-CJovernmcnI.  Sir  .lames  took  an 
active  and  eiliciciit  part  :  and  was  always  found  supporlin^r  thai  side 
which  most  favored  t lie  progress  of  liberal  principles.  ci\ili/alion 
.-md   happiness.     A  reform   in   the  Criminal    Law  was  a  subject  he 
had  loiiir  meditated   upon:   and   uniformly   advocaied   its  necessity 
with  hi-  L'reat   comi)eer.  Sir  Samuel  llomilly.      I'pon  the   death  of 
the.  hitter,  this  branch  of  Le«ial   Reform  devolved  upon  Sir  .lames; 
anil  as  chairm.m  of  a  coimnittoe  of  the  House  of  Commons,  he  in- 
troduced several  bills  which  succeeded  in  erasiuij;  from  the  statnle- 
hook  seven  oiVences  that  had  ])reviously  been  punished  with  death. 
The  followinix  extract  from  one  ol'  his  speeches,  shows  the  com|)re- 
hensive  and  enlanrod  views  that  he  had  upon  the  subji'd. 

"  If  a  foreigner  were  to  form  his  estimate  «)f  th(>  people  of  Ln<];- 
land  from  a  consideration  i>f  their  penal  code,-  ho  woidd   undoid)t,- 

'  Whil.'  Prof.ssor  ill  this  <oll,Mr.',  In  rc-dt  livci-f.l  liis  (diirsd  of  Li'Ctiirus 
iiiK.ii  llic  "Law  orNiilui-n  mill  Nal'MHis." 

•-■  TInrr  w.  r.'  Mii.n-  thiin  ;i  limnliv.l  (ilVnu^rs,  nl  that  lime,  wiiirii  (lie  laws 
nf  |-,ii-lan.i  .I.tImiviI  w.iv  puni.lial.lc  u  illi  dralh;  nixm  twenty  ..f  wiii.li, 
only,  that  piinislmicnt  was  cvi  r  iiilliritd. 


\\\ 


sKi'.Tcii  or  Tin:  1,111:  or 


»'(llv  coiicliulc  )li;it  llit'v  "iTf  a  iiJitioii  »il'  ]»arl»arians ;  tliat  wo  were 
MaMiifr  III  iiiir  llircals,  aid  yet  wore  I'ccltic  in  our  cxociition  of  |)uii- 
isliiiifiils ;  that  we  cIm  (-islicd  a  svslciii  wliicli  in  theory  was  odious, 
1)111  which  was  iiii|)ot(Mit  in  practwic  Iroiu  its  severity:  tliat  in  rases 
(il"  hiijh  treason,  we  involved  iniioeeiit  eliildren  in  all  tlie  coiise- 
t|iiences  ol'iheir  I'atiier's  o;iult  :  that  in  cases  ot"  eorriiption  of  blood, 
we  were  even  still  more  cruel,  piinishiiitx  llie  oUsprinii;  when  w(^ 
could  not  reach  the  parent  :  and  that  on  some  occasions,  we  even 
proce(>de(l  to  wreak  veii^'eance  upon  the  hodies  of  the  inanimate 
dead.  if  the  same  |iers(in  were  told  tiiat  we  W('r(>  tiie  same  nation 
which  had  liccn  the  lirst  to  iswr  full  piii>licity  t()  every  part  of  our 
indicia!  svsli  in  ;  lint  \\v  were  the  same  nation  wiiicli  had  estah- 
li>lied  ihe  trial  hy  jnry  :  uhi<'h,  blamahie  as  it  mii.'lit  he  in  theory, 
wa.-  su  iii\aliiahle  in  practice:  that  we  were  the  same  nation  which 
hail  I'oiiml  mil  ilie  (rrentot  seciirilv  which  had  ever  been  devised 
for  indi\idnal  liliertv,  the  writ  of  habeas  corpus,  as  settled  by  the 
Act  of  Charles  II.  ;  that  we  were  the  same  nation  which  iiad  discov- 
ereil  the  full  blessiiiirs  of  a  represeniative  government,  and  which 
had  endeavored  to  dilfiise  them  lhroiiu;hont  every  p^irt  of  onr  free 
ein|»ire,  he  would  wonder  at  'h  ■  straiiLfe  anomalies  of  linmaii 
nature,  winch  could  unite  things  that  were,  in  themselves,  so  totally 
iiicnnipatii)le," 

One  of  his  late  speiMJies  was  upon  a  Hill  relative  to  anatomical 
dissections;  upon  which  so  much  sickly  sentiment  exists  in  the 
world.  'The  enliuhteiied  reader  anii'it  fail  to  coincide  with  llie 
views  that  Sir  .lames  takes  in  the  followinir  e.MracI,  as  well  as 
admire  the  earnestness  witii  wliicli  lie  advocates  the  necessity  of 
facilitatinir,  rather  than  impediiiir  anatomical  investiLrations. 

"  Allow  m<>  to  illustr.iie,  by  an  imairinarv  case,  tlie  opposite 
elVei'ts  of  conliimiiii.'  to  bar  up,  and  of  trvinif  to  widen,  tli(>  only  ac- 
cess to  aiialomical  knowli^dire.  li'wtwere  told,  that  in  some  desert 
reiridii  of  Central  Africa,  it  was  the  practice  of  a  tribe  of  .savapes 
to  put  to  death,  anniiallv,  a  certain  inimber  of  their  own  sick  and 
Wdiiiided,  we  should  surely  listen  to  the  siory  with  a  hope  to  find  it 
false.  Ibit  if  it  were  added,  that  these  murders  were  perpetrated, 
not  by  the  instantaneous  imd  merciful  operation  of  the  sword,  the 
pistol,  or  the  a\e,  but  by  a  lin^jferiiiif  torture  for  months  or  years, 
we  should  require  the  stronircst  evidence  to  induce  lis  ever  to  lis- 
ten to  such  a  charge  a^fainst  cannibals  themselves.      If  we  were  told 


II 
v; 
ri 
w 


SIR  JAIMKS  MACKlM'Ufil. 


xxxi 


tlitil  \vc  wore  nursclvoH  chiirgoiiblc  with  e<iiial  barbarity,  siioiild  we 
not  cry  out  witli  tlie  Syrian  of  old,  '  is  thy  servant  a  dog,  liiat   iio 
should  (h»  tliis  thinjr !'     But  let  us  h>oii  at  home.     Let  us  not  sui- 
ter ourselves  to  be  paid  in  words,  which,  as  was  sharply  and  sagely 
said,  '  are   the   counters   of  wise  men,   and   the   money   of  tools.' 
What  is  the  substantial  dilVerencc  between  the  supposed  barbarity 
in  Africa,  and  the  legal  impediments  to  anatomy  in  Great  Britain  ? 
In  proportion  to  every  degree  in  which  anatomy  declines,  iuid  med- 
icine sinks,  an  adilitional  nnnd)er  of  human  lives  must  be  cut  siiort. 
If  the  healing  arts  preserve  life,  their  decay  nuist  destroy  it.     That 
their  iMi|irovement  has  contribute*!  to  that  prolongation  of  its  ave- 
rage duration,  wiiich  has  taken  place  during  the  last  half  century, 
is  what  nobody  but  the  most  extravagant  dealers  in   ct)iinnon-place. 
paradox  will  venture  to  dispute.     The  main   length  of  life  chieHy 
dei)eiids  on  the  treiituuMit  of  children;   and  the  decline  «)f  medicnl 
science,  must  be  attended,  in  its  very  beginning,  by  a  real,  though 
not  iiomnial,   massacre  of  infants.     U',  imleed,  it  were  to  kill  at  a 
blow,  it  might  be  a  l)lessing  to  many.     But   its  victims  will  die  so 
slowly,  none  can  call  it  murder.     The  bungling  surgeon  will  make 
his   instrument  a  meiins  of  more  cruelty  than  the  tomahawk  ;  the 
ignorant  physician  will  kill  only  by  the  protracted  torture  of  disease. 
Let    every  man  who  calls  out  law,  or  prc'judice,  against  dissection, 
consider  whetiier  he  does  not  do  his  utmost  to  abate  the  means  of 
lengthening  life;    and,  (what  is  far  more  iini)ortant,)  of  alleviating 
misery.     Let   him   deeply  reflect,  whether   an  inconsiderate   word 
may  not  make  an  orphan  ;    and   an   intlamatory  sentence  may  not 
cause  unspeakable  anguish  to  hundreds.     What  a  fearful  responsi- 
bility <loes  he  incur  to  all  those  who  may  suiVer  from  the  blow  he 
has  struck  against  the  healing  arts! 

"  I  should  be  most  painfully  perplexed,  if  I  thought  myself,  in 
this  case,  reduced  to  the  sad  necessity  of  choosing  between  the 
means  of  relief  to  l)o(iily  sutVering,  and  the  discipline  which  culti- 
vates our  moral  feelings.  J  iun  not  among  those  wli(»  underrate  the 
riles  of  sepulture;  still  less  the  regard  for  the  remains  of  the  dead, 
which  has  promi)ted  mankind,  in  every  age,  to  hold  tlio.se  rites 
sacred.  1  believe  that  such  a  regard  is  indisi)ensable  from  alVection 
towards  the  li\  ing.  As  the  ciuinibal  feeds  his  ferocity  by  vindictively 
devouring  the  llesh  of  his  enemies,  so,  it  seems  to  me,  funeral  honors 
may  be  said,  in  some  measure,  to  return  and  replenish  those  sacred 


XXXIl 


.sKi'.TCii  OF  Tin;  Lil'i:  Ol" 


fountains  of  kindiicss  ;iii(l  compassion  from  wiiii-li  tln'y  flow.  Rut 
I  will  not  lu'lievo  tliiit  tlio  inor.il  iMiltnro  ol"  m:ni  is  ;il  variance  willi 
his  Wodily  welfare.  I  am  convinced  that  inqniry  will  discover 
means,  sanctioned  l)y  llie  e\j)erienc(>  of  other  countries,  hy  which, 
while  tlie  nohl'- science  of  ;uiatomv,  and  the  lieneficent  arts  of  med- 
icine and  -^urLferv  are  |)ics(-rved  ainonif  ns,  the  alarms  of  atlectioii 
mav  lie  iii)peased,  and  the  .-anctuary  of  the  jfrave  remlered  more 
Miviolalije.  1  helieve  that  a  plan  may  he  found,  which  will  spare 
tiie  feeiinixs  of  every  known  or  discoverahle  person  :  and  I  conceive 
that  to  re(inire  more,  would  he  lantastic  extravaifance.  I  helieve, 
witli  ei|ual  confidence,  that  if  th-ie_f-<  l^'*  on  as  they  now  threaten, 
we  shall  clo-c  the  ix'tler  part  of  the  m(<ans  ol'  instruction  in  the 
medical  science:  hut  that  a  ntiseraltle  reMtiiant  niii~t  still  i>e  scan- 
tilv  supplied  hv  tint  svsteni  of  cl  iiidesline  and  contrahand  disinter- 
iiiiMit.  which  sliocUs  the  lieirl  ol'  tin'  iiioiii-iier,  degrades  science,  as 
well  as  renders  its  |irol"ession  odious,  iind  hecoiiies,  like  snuiif- 
vdiiiLT  and  |)oacliiiitj',  a  ^cllo■)|  in  which  men  are  lilted  for  the  worst 
crimes.'' 

{•'or  mauv  vear<,  In-  had  hcen  colleciin^r  material-'  for  !i  history 
of  l'!iii:laiid  :  and  -liortly  .liirr  hi-  return  from  India,  he  announced 
III  the  pnlilic  his  intention  of  writing'  tln'  -ame,  and  solicited  access 
to  jtuhlic  and  pri\ate  lilirarie-,  which  was  readil\  L^ranled.  For 
this  purpose,  also,  he  \isited  the  ( 'oiit'iieul,  and  olitained  a  mass  of 
information,  whieh.  uii(|u<'-ii()uaM\ ,  in  his  hand-,  if  his  attention 
had  not  hecn  directed  to  too  many  oiijects,  would  have  heen 
wrou:iht  into  the  mn-t  philosu|)liic  and  valuable  history  tlnit  tlio 
worhl  had  ever  seen.'  His  fondness  for  society,  !iou('\er,  in  which 
lie  j)re-emineiitiy  shone,  his  attention  to  politics  and  ^(Miera!  litera- 
ture. euL'ro-sed  so  much  of  his  life,  that  he  went  to  his  irra\('  with 
vast  |iroiecis  half  accompli-hi'd.  He  liowc\er  made  an  ahridnment 
ol"  his  lii-tory,  in  two  \olume<.  which  may  he  found  in  Gardner's 
<  yclopadia  :  tri\iiiu  us  a  foretaste  of  what  he  wa-  capable  of  iloinij 
as  a  historian.  His  ohject,  he  informs  us,  m  the  two  puhlished  vol- 
umes, '"  was  to  ;ri\(.  all  the  information  \\liicli  men  of  dilVerent  pur- 
suits, and  of  little  lei-iire,  mav  think  ii  ncces-arv  to  have  always 
within  their  reach  ;''  and  he  verv  niodistly  stvles  the  work  a  Manual. 

'  Till'  fdllii  lion   (.('  iiiiiiri.il-j  ror  liis  ::rr(  at   liislorii'Ml  wnik,  aiiiiumtcd,  iit 
III- ilialii,  111  tilu   rii,iiiii~i  lijil  snliiiiK's 


mi 
(1 


ilM 

ric 
ire; 
iiil 

tlio 
frii 

Wi 

r.ir 

fir.i 
.-Iri 
ml 

S0( 


SIR  JAMLS  MACIClM'OSll 


XXXUI 


Hut 

0  witli 
scovor 
wliicli, 
it"  iiumI- 
Vcctioii 

1  more 
I   sparer 
Diiccive 
hfliove, 
ircatoii, 
I  ill  the 
If  scaii- 
lisiiitor- 
('ii<"(>,  as 
t>   suMiii;- 
he  worst 

a  liistory 
inoiiiict'd 
•<l  access 
e<l.      Tor 
a  mass  ol 
attention 
Jive   l)eeii 
•  (hat  tlic 
,  in  wliidi 
•ral  litera- 
rrave  witli 
|>ri(l;imeii1 
Lariliier's 
(•  ol'  (loinif 
ilislied  vol- 
I'crent  ]Mir- 
ive  always 
L  a  Manual. 

immmttd,  :it 


Tins  aljridirnient  lias  trreat  merits,  and  nmst  ninaiii  a  standard 
work  ni)()n  that  |)orlion  of  I'iiiLrlish  history  of  which  it  treats.'  He 
was  a  l)relty  reiridar  c()n(ril)utor  to  tlie  Kdinhurifh  ami  Monthly 
Reviews,  and  fnrni>hed  a  Dissertation  upon  Kthical  lMiiloso|)hy  for 
the  l''ncyclo|)a'dia  Britannica.  In  addition  to  the  works  that  have 
been  mentioned,  he  wrote  a  life  of  Sir  Thomas  More ;  Fragment  of 
the  History  of  the  Kevolntion  of  hiSS  ;  which,  together  with  his 
speeches  in  Parliament,  comprise  the  greater  part  of  his  works. 
Mackintosh  has  heeii  censured  liy  some,  for  his  indolence,  and  for 
havinir  produced  so  little;  as  though  cpiantity  was  the  criterion  hy 
wlii<h  a  man's  talents  were  to  be  estimated.  Jiiit  if  all  writers  had 
written  wilii  hi>  care,  and  infused  the  soul  of  true  philosophy,  like 
luiii,  into  tiuir  productions,  there  would  doubtless  be  many  authors 
of  neglected  or  forirottcu  tomes,  who  would  now  be  an  honor  to 
their  country,  and  a  blessing  1o  the  world. 

As  a  writer,  Mackintosh  has  less  originality  than  many;  but  mt 
(iu(;  was  ever  lieiter  endowed  than  he,  with  the  faculty  of  abstrac- 
ting from  the  mass  of  human  learning,  everything  that  could  eluci- 
date or  beautify  whatever  subject  he  undertook.  The  transforma- 
tion thai  the  maierial  underwent  in  the  laboratory  of  his  mind,  was 
like  that  of  the  precious  metals,  in  shajx-less  masses  carried  into  a 
mint,  and  coming  forth  correctly  weighed,  and  beautifully  stamped. 
He    had  ext.Mided    Ins  rer-earches  into  every  field,  both  ancient  and 


'  "\Vi-  find  in  it  thr  .liligi'in'o,  llic  acfurin'v,  .-md  llir  iiulgiiifnl  nf  Hiil- 
linu,  iinitid  In  llic  vivruity  ^nd  tlic  cdloriiig  of  SoiUlicv.  A  History  of 
tliiglnliil,  wriltcn  llimiiglioiit,  in  this  iiiannor,  woiihl  In-  llic  most  tiisciniiliiig 
linok  ill  tlu'  langiiiigc  ;  it  would  hv  iiiori>  in  rfMjiKjst  at  the  circiiiatiiig  libra- 
rios  thiiu  ilii  hisi  nov.l.  Aliuosi  all  tho  distiiignislifd  writers,  who  have 
iicalcd  of  r.iigh^h  hi>toiy,  ;ni'  iidv(.<Nitc's.  Mr.  Ilallam  and  .-^ir  James  Mack- 
ililosh,  tilolic',  are  eiililled  M  he  eiilled  jtldiies.  —  .'»f«(■fl^//'■;/• 
"  I  sc.ireil  v  know  two  volumes,  I'roin  which,  considering  their  depth  of 
ihoughMhe  siuitdesi  mind  will  !)(-  .ipt  to  r^irry  olY  more  instruction,  nor 
from  which  the  most  instrucled  minds,  if  I  iniiy  judge  of  such  a  mental  class, 
wniild  l>e  likcK,  coti>idering  the  inMmi:il  :uid  popular  ohjecl  of  the  work,  to 
rarrv  olV  more  sound  niid  pleasant  imjiressioii>.'  —  liuhnr. 

"1  ihink  the  History  a  nohle  one;  perhaps  I  never  read  one  with  equal 
gratificMli.u.  The  author  knows  on  what  part  of  liistory  to  throw  the 
>lrongesl  light  '  he  pulges  pa.^1  age-^  with  dist  rnnination  and  candor,  enters 
mio  Uieir  spirit,  an.l  knows  llii'  signilicauce  and  actions  in  ditferent  singes  in 
sociply.  "  —  i'hanmnii 
K 


X.WIV 


s^Ki  r(  II  oi    riii:  uii;  oi' 


iiindcrii.  of  |iliil<>s(i|iliv,  piuMrv  anil  liistury  :  .iikI  rruiii  racli  lia<l 
••iillcd  llic  tlmici'si  llowrrs.  wliiili  u«  re  rnj-iilarly  classilicd  in  tlic 
mind's  licrbariiini,  and  coidd  Ix'ca-'dv  rctcrrcd  to  upon  any  desired 
ofcasion.  Indeed,  his  nieinoiy  was  wondi'riid.  .\nionif  the  elassie 
anlliors,  ( 'icero  was  liis  favorite:  ulioni  lie  had  almost  literally  eom- 
iniited  to  memory.  Tlii'  I'.iiLdish  prose  writers,  for  whom  he  had 
tlie  ijreatest  fondness,  vvere  Lord  IJacon,  Hooker,  JMiltoii,  Locke, 
llarilev.  Harrow,  .lenniy  Taylor,  Swift,  Addison,  I'aley  and 
IJurke. 

As  a  i)oIitician.  he  iiewr  sulVered  himself  to  he  (•arri<'<l  away  with 
parlv  zeal;  hnt  was  irindtd  liy  a  eool  and  deliherate  jndijrment,  that 
coin  ineed  every  one  ol  his  intcL^rity,  and  rendered  his  support  of 
a  measure  peenliarl\  desirahle  to  Ins  |tolitical    frien<ls. 

"  If  he  liiid  lieen  arroifant  and  jrraspinir,  if  he  had  been  faithless 
and  false,  if  lie  had  been  always  ea^er  to  strangle  infant  ireniiis  in 
its  cradle,  ;dways  ready  to  betray  and  to  blacken  those  with  whom 
ho  sat  at  meat,  he  wonid  have  passed  many  men,  who,  in  the 
coursi'  of  his  lonu  life,  have  passed  him;  bnt,  without  sellinij  his 
soni  for  [Kittaire,  if  he  oidy  had  had  a  little  more  prndenee  for  (he 
promotion  of  his  interest,  and  more  of  annry  passions  for  the  piiii- 
islmient  of  those  detractors  who  envied  his  fame  and  presumed  n|)on 
liis  swi-etiiess,  if  he  had  been  more  aware  of  his  powers,  and  t)l' 
that  sp.ice  which  nature  intended  him  to  occupy,  he  would  iiuve 
acted  a  threat  part  in  life,  and  remained  a  character  in  history." 


A 


s  a  parliamentary  < 


lebate 


lie   w 


as  of  the  hi'Miest  cl 


iss 


II 


IS 


talent    was     not    that    of    ridicnh 
e.\cite    a    roar    from    the    lol)bii's. 


and     sarcasm,    calculated     to 
and    perhaps    sway    the    voti-s 


of  a  few  thouiflitless  meiiiliors,  luit  ol'  the  urave   and   deliberative 
kind,  adapted  to  important  measures,  that  re<iuire  de|)th  of  thoiijrht. 


ami 


^airac 


iiv  "f  iiidirmont,  to  irrapnle   wii| 


1   and   coiKitier 


11 


e  sei 


(loin  spoke  without  a  tlioroiiirh  knowledirc  of  his  subject,  and  then 
not  to  the  house  alone,  but  to  the  world,  lie  has  been  censured 
for  beiiii;  too  philosophical  in  his  speeches,  for  siiootuiLr  bev<^nd  the 
cajiacify  of  a  common  arm,  for  usinir  artillcrv  wlu  n  small  arms 
would   have   done   siitlicieiit    execiilinii:    but  this  has  ever  been  the 


coniulaint 


)f   a    certain    c 


wlio 


;im 


li'f 


htl 


v    over    suli 


\VC\! 


ixainst  those  who  fathom  and  iiia>ter  liv  deen  icllcction,  and   s 


tudt 


<|iii'stions  beyond  tlie  calibre  of  ordmar\  mind-.      Such  a  talent, 


as 


.hi>,  i'\ery  .-eiisible  man  woubl  aim  to  ac(|ni 


re 


'I'l 


li-^  is  the  kind  of 


SI  I!   J  X.Ml.S    >I  MKIN'InSII 


XXXV 


hiMl 

II  tlir 
•sirrd 
•liif^sie 

fOIII- 

liacl 

and 

with 
It,  tliat 
Durt  iA' 


lali'iit  that  Hiirkc  «lis|ilay(il  hrti.rc  a  |ii)rtinii  ot'  tli<'  House  nt' 
Cuiiiiiioiis,  wliilc  tlic  aliiiiciitativc  part  ul"  liis  associates  toiiiid  it 
more  a^rrcoalilc  to  lie  al)s('iit.  Tiiis  is  the  kind  of  talent  tliat 
|{roiiifliaiii  displayeil  in  some  of  liis  |)rn|°(iiiiid  speeelies,  amidst  tlic 
coiiiilis  and  noise  of  the  sem-eless  |)art  ol'  tlie  llniise,  who  hroiirrlu 
no  otlier  <[naliliciitioii  for  M.  1*.,  than  tiie  inihiencc  of  some  landed 
aristocrat. 

As  a  motaphysician,  Mackintosh  liad,  it  is  trne,  some  views  pe- 
culiar to  himself;  and  what  writer  n|)on  morals  and  metaphysics  has 
not  had,  upon  this  most  unsettled  of  all  hranchesof  human  learninir  ?' 
Krom  the  days  of  Aristotle,  to  the  present  time,  no  one  sect,  or  wri- 
K^r,  Ins  heeii  so  comphtely  orthodox,  but  that  some  have  seceded 
iVoiii  him  :  and  tiie  most  canonical  writer  in  one  nsro,  is  entirely 
iliscarded  in  the  next.  Of  this  much,  we  are  certain,  that  he  ha> 
treated  with  <rreat  candor  those  writers  who  diiler  i'roin  him;  and 
as  it  respects  tho  historical  |)\rt  of  his  lucid,  vigorous,  and  ornate 
J)issertation,  there  can  he  hut  one  opinion.  It  is  to  he  regret- 
ted that  he  ever  connected  himself  with  ]Militics  or  parties,  which 
consumed  so  ^reat  a  ))ortion  of  his  m.iturer  years;  durin<x  which 
time,  he  miirht  have  produced  soiiieihin|tr  more  worthy  of  liimself 
and  all  future  time.' 

As  a  kind  and  airectionate  Imshand,  as  a  jfood  and  a  virtuous 
cili/en,  as  an  encoiiraper  of  talent  in  the  aspirins  yomiix.  no  man 
ever  surpassed  the  suliject  of  this  sketch. 

"Sir  James  Mackintosh  was  in  per.son  well  made,  and  above 
lilt  middle  stature,  ile  was  reixiilarly  handsome  in  his  youth,  and 
even  in  ihv  decline  of  life  ;  and  under  alllicted  health,  was  a  person 
of  prepossessing  and  comman(liiii|  ajipearance.  His  countenance 
iiad  a  chanceful  mixture  of  gay  and  grave  expression,  a  shrewd- 


'  Moriil  I'liiliisopliv  lie  Ii.-kI  alwiivs  stmlicd  willi  frrcal  cntliiisiasin. — 
"  Mai  l<iiil(i,--ir.-;  f^cimis  uiis  licr^t  mlajilcil  ((ir  iiii'ta)ili\  sii  ,il  sjk ciilMiiiin  ; 
.iiiil  if  lie  had  I'lidsiii  Moral  l'liiliis(i])liy,  lie  wmilil  jirnlialilv  have  siirpasscd 
t'Vfrv  living  wilier.'   —  llnhrrt  Hull 

'  In  lii-j  (li  rlininfr  viars,  lir  hilli'rlv  r(|iriiarlic(t  liim.^rlC  fur  linvin;;  nnpng- 
irl  in  nniltil'arious  pnrsiiils;  ;iii(l  ii|i(pn  hi*  indnflinn  intn  tin'  oflicc  ot'ltcitnr 
iil'llif  I'nivcrsilv  (i|'<;ias<rri\v,  '•  lir  warncil  llu'  stndiMits  against  tin-  pfrplox- 
itv  "I"  nianiliild  rni|dnvnu'nfs,  'nt'  .'.:^-tly  rcinnnnenilf  il  iIip  rnntontrntion 
ol'tticir  iniiid*  upon  onrnr  nrir  cirat  nl)|prt 


\\\M 


ski:t(  II  oi    rin.  i.iii;  oi  m ACKiMnMi 


iii'ss  ooiiibiiicd  witli  siiiivity,  tliat  lici;xli<<'i>*'<l  ^nxl  ix'torilrd  witli  the 
cliarin  of  his  coinirsatioii." 

lie  liad,  lor  mail)  vcars,  lalxircil  iiiiiirr  an  alii  ctioii  of  the  liver  ; 
hut  the  iiMiiKMhati*  caiiM'  ot'liis  (lc;ith  oriiriiiatcd  in  an  accidtMit.  Onr 
dav,  \\liil>t  at  (hiint>r,  hr  •^wallowed  a  small  rra;,Mncnt  <it'  a  cliickcn 
h(iii(>:  whii'li,  with  soiiit' (lillKMltv  was  removed:  |irudii«-in<r  a  sliirht 
laceration  in  his  throat.  'I'lii >  >ii|)eriii(hii'ed  an  iiillammatioii,  that 
siilise(|ueiitlv  ('Mended  lo  lh(>  \(  rtel)ra'  of  the  neek  ;  orcasionin^ 
severe  pains  in  his  In  ad,  shoulders  and  linihs,  and  eom|>letely  nn- 
seitlitiii  liis  jieneral  health:  which  he  never  rciraiiied.  A  few  days 
liefore  his  death,  the  pains  ceased:  and  upon  May  IlO,  |s:W,  lie 
died,  surrounded  hv  anxious  friends,  and  in  the  possession  of  all  his 
I'iK'iilties:    lirmly  helievinix  in  a  h:i|)pier  and  a  lietter  w<irid.' 

'I'hus  died  an  accomplished  orator,  an  impartial  jndirr,  a  pro- 
foiltid  inetaph\sici;iM,  a  iirilliant  scholar,  mid  a  christian.  In  ro- 
xiewiiii;  his  life,  wi-  discover  an  inilividual  risinir  from  the  hiiinhler 
walks  of  societv,  without  fortune;  resolutely  hraxiiiir  in  early 
years  the  sea  ol  adverse  circumstances,  hut  ever  iruided  hy  the 
highest  morals  aixl  most  ennol)liii<r  Miitiiueuis ;  who  attained  tlie 
proudest  seat  amidst  "  I'ln^land's  intellectual  |>eeraire  ;  '  by  wlioso 
fau!t>  let  u^  protit.  and  wlm~e  siijierior  excellence  let  us  strive 
to  uintale. 


'  Mis  (li  Mill  wMs  iiiiiv  I  i-.'illv  iliplcirid  .It  liuiiic  mill  iImmukI  — "  I,'  Anjrlf- 
tcrrc  a  {iirdii  iin  \i  iimiix  iiiomii  .  I;i  liicriiltin'  iin  liisturiin  |ir<if<iii(l  rt  plii- 
losop|ii(jii('  ;  la  {iii'is|jriiii('ii(  r  iiii  n  |i>rin:itriir  rcl.-ijn''  ;  li-  |i.'irl<'iii(Mit  nil 
oratcur  dont  I'  i'l>ii|Ui'n<'c  i'Iii|)|iiiiImiI  t(iiit<  -::  r^i'io  it  hi  raisnn  ii  a  |u  iiisti''o  ; 
r  hiiiiKuiili'  rnfiii  mi  tlilrnsiMii  /.tic  ilc  s's  (linJN  <1  (Ic  scs  intcrels  II  i'liiit 
''ininnnmrni  Anplnis  pnr  son  pnlrinti^mr,  rt  cnsmdimlitc  jiar  1'  nlismcp  ilcs 
prrjiigcn  nnlionniiv."  —  .■?    /I'    Srhlr^rl 


i 


SrEKCIIES,  &f!.,  OF  SIR  J.VMKS  )1.\('R1XT()SII. 

Tlio  follow  injT  aro  soino  ot'llic  Foroiisic,  ['iirliaiiiciitJiry,  I.itorary, 
IMiiln>(.|)lii(nl  and   Historical  Works  ol' Sik   .l\.\ir,s   Mackini'osii  : 

A  l'iiiii|plilri  nn  ilir  Kc'^'iMiv  (lnt'sl ii in,  I7~'.'. 

X'illilic'iM'  (i;illii;i',    I    vol.   -VIP.,   IT'.M. 

l.ifi'  lit'  Sir  'rimmiis  Mi'tv,  (in  llif  lirsl  mpIiiihc   hI"  "  'I'ln'  Mvcs  tA'  r.rilisli 

StillCSIIICII.    ') 

Di^^irtiilinri  III!  tlir  i'roarcss  nf  l",tirn;il  I'liilip^opjiy. 

Aliriil'irii  lli-loiy  ol"  l'.ii!.'l:iinl,  "2  vols. 

I'r;ij;iii(in  ul'ilic  lli-ilory  (  f  llir  Revolution  of  l(;-~,  (a  ]instlnnnniM  iinlili- 

lation.) 
A  DiscdurHc  on  llic  vStiuly  orHic  Law  of  N:iinri'  ami  N'.itioiH. 

'rii(>  lollowiiiff  contrittiitioiis  to  the  Edinbiirgli  Ktrlnr  : — 

Vol..  "J'.',  Kixiiw  of  llic  PoiMis  of  Rojri'rs. 
"      "         "         of  Miidiiuir  (Ic  Siac'l's  "D(' L"All('niagni'." 

"     "iJ,  Ri'llrctions  on  rriiinc. 
"     •,'•">,  Rcviiw  of  VV'ra.\iiirs  Memoirs. 
"     ti7,  (.'liaraclrr  of  Lord  Uiicon. 
"     'M,  All  Arliile  niion  I'MrliMinentiiry  Riform. 

"     :!(»,  Review  of  Slevv.irt'.-J  Diseonrse  on  the  Trngress  of  IMetriiiliysiriil 
Seienee. 


Ill  the  Moiithhl  lirrinr  :  — 

Vol     'J(t,  Review  of fiihhons  Miscellaneous  Writings. 
u      II  "  of  Roseoe's  Life  of  Lorenzo  «lo  ASediei. 

u     Of,       '•  (d"t!ie 'i'lioughts  on  a  Regieide  IVaee 

Traiisaclioiis  of  Tin   Lifirtirif  Soriifi/  of  Bombay  :  — 

Vol..  I,  A  r)iseonr-;e  licfore  tlie  Lilernrv  Society  of  Rondmv 

"     "   roiiil>ar;itive  Voc-diniary  of  Indinn  l,angu;iges 
Several  iirtirles  in  the  .hiiitic  Uriristrr. 
Charactpr  of  Mr    running,  in  Thr  Krep^nUr,  for  l.'^'^^*. 


,,..i,i       s,M:.:n.rs<>F..wJA^n>>'^*^'^'^'''*^'^" 


r,;;;::™':;.';;:^.- >«. ""^""^- -■ 

S,u.,.,l,  loll...  l.oNal  N.Mlh  r.nl.ms.      _ 

\,         „l„„Mlu->.'^M'-"'"'^"^'l"'''"""""''''   '■'■ 
„|,.,„,|,rTri;il..rtli-Clnrrn. 

upon  tl.."«>|.|'n.>>i"noftlif<;n...U^. 

II  rchlllM'  to  Sintcli  Jlirif:'. 

II  ill  ta\or  111'  Krlnrin. 

.         „1H,„  tl,..  Hill  n  lining  lo  An.lon.i.nl  Dissc.Uons 
u         onll...  AtrMi,-.orror;ngal, 

Vi.U.  nl.o  r;nli..n.nl:,ry  D,!.-,..  (or  lb..  vc.Mrs..S->0,  i(,.  .^0,  .^1 


0  n  N  1 0  N  s 


ciF   I)Imm:i{i:n'I'  wiirrr.us  ii'o\  ■riii;  valit.  or  tiik  roM-uwiNc   nis 

nil   Ksr,  (IF  SIR  .IAMi;s  .MACKINTOSH. 

"If  we  were   (lis|i.isf(l  1(,  n iiiiiii'IkI  tlic  sliuly  nf  |iiiliiii'  mmiI  loivigii  law, 

I,,  ..Hiiinon  l:i\Wf|-s,  \\r  do  iml  Uimiw  Imu  we  cniiM  I'. ■Iter  du  it,  iIkiii  liy 
p,,iiitiiij:(ml  some  illiiMiion-;  ,\iiiii|ili'<  of  its  su-.Tssful  iiccom|ilislmirnt  in 
oi,r  own  agr.  Sir  Jaiiirs  AlacUinlosii,  of  hit.'  ycnr.<  so  disiiiifruishcd  in  I'ar- 
lianicnt  as  a  fri.nd  to  lilirrlN ,  to  s(  i.  iico,  and  liixTal  in:,tiluti(ms,  and  wlio  is, 
al  111.'  sainr  linic,  ;:  niosl  liiinianc  and  idiilosopiiical  jnrist,  has,  in  liis  inconi- 
paialii.-  Iiiti-oilintory  Discourse  to  his  LccImits  on  thr  Law  olWations,  i;i\  en 
us  a  tiiiisli.d  siiccinirn  of  liie  advantages  residlin;,'  iVoni  the  mastery  «i'  for- 
eijri,  pidilie  writers.      It  would,  iierlia|is,  he  dilli.ult  to  s.dcrt  from  the  whole 

niLs  of  modern  literature,  a  dise se   of  e.pial   length,  whii  h  is  so  just  and 

heamiful,  so  acurati-  and  profound,  so  eaplivating  ami  .■nligiitened,  so  eii-^ 
ri,  hed  w  ith  the  reliiMuneuts  of  modern  learning,  and  the  simple  grandeur  of 
.aueient  principles.  It  siH.uld  he  read  hy  every  student,  for  instrnction  ami 
purilv  of  sentiment  :  and  l.y  lawyrs  of  grav.T  years,  to  refresh  their  souls 
w  nil  impiiries  whieii  may  elevate  tliein  al.ove  the  narrow  inthunces  of  a  dry 
and  hardening  practice. " — Jiuli^c  Stanj. 


"  .\  lecture,  in  the  spirit  of  that  discourse,  would  at  all  times  he  of  great 
utility,  and  of  much  ornament  to  the  profession  of  tliu  law."— Lon/  Luui;h- 

Inira.iijh. 

"If  MacUinlo.h  I.  :d  puidi.h.d  nothing  else  than  his  '  discourse  on  the 
Law  of  Natur.'  aid  Nations,'  he  would  have  left  a  perfect  nionnmcnt  of  his 
intellectual  strength  and  svmnielry  ;  and  even  supposing  that  that  essay  had 
heeii  recovered,  only  :Minerfecl  ami  niutilaled,  if  hut  a  s.ore  of  its  consecu- 
tive sentences  eouhl  h.'  shown,  they  would  hear  a  leMimoiiy  to  his  genius  a.s 
decided  as  the  hust  of  Theseus  hears  to  (Irecian  art  anumg  the  Elgin  inar- 
iih.s."  —  Cdiiipbcll. 

"  [  am  disposed  to  consider  this  i'.»av  as  the  mo-i   peifei  I  of  all   his«  vvril 


xl 


NUTICLS  or  TllL  WORK 


S.V  IiIh  1..V..  n..,-r  uw.,  ui.l.  -  nnn,  so  M,h.   .:ul  cl..g.n,,  ou  .1..  ..I.. 
J..;,,  in  MMV  lungn.g,..-"V//"""  /''^  ""  •'""""•• 

u  u  s.  l,lo,n  h;.^  1-..  .Miu:>ll,.,l,:nul  m^.T  has  l.r.M.  surpa-s.,!/ -/>..  /•-'•. 

,,,i  l..v,..wsan,U,.s..an..„..x.u..i,...iin.an„.a...j h--- 


iS 


DlSCOUllSE. 


1 

I 


Befoki:  I  bo^iii  a  course  of  lecture.^  on  a  science 
of  great  vxUmt  and  importance,  I  think  it  niy  duty  to 
lay  before  tlie  public  the  reasons  wliicli  have  induced 
me  to  undertake  sudi  a  labor,  as  well  as  a  short  ac- 
count of  the  nature  and  objects  of  the  course  which  I 
pro})ose  t:)  deliver.     I  have  always  been  unwilling  to 
waste,  in  uni)ro(itable  inat'tivity,  that  leisure  which  the 
first  years  of  my  profession  usually  allow,  and  which 
dili^n-nt  men,  even  with  icoderate  talents,  might  often 
employ  in  a  manner  neither  discreditable  to  themselves, 
nor  wiiolly  useless  to  others.    Being  thus  desirous  that 
my  own  leisure  should  not  be  consumed  in  sloth,  I  anx- 
i(Risly  looked  about  for  some  way  of  filling  it  up,  which 
might  enable   me,  according   to  the   measure  of  my 
tumble  abilities,  to  contribute  somewhat  to  general 
usefulness.     I   had  long  been   convinced  that  public 
lectures,   which  have   becni   us(>d   in   most    ages   and 
countries  to  teach  the  elements  of  almost  every  i)art  of 
learning,  were  the  most  convenient  mode   in  which 
these  elements  could  be  taught ;    that  they  were  the 
best  adapted  for  the  important  purposes  of  awakening 

F 


~^ 


IvJ 


Di!^cui'R!?E  ON  'rm;  .«-tluv  uf  'Jiik 


tho  attention  of  tlio  student,  of  iihridirinif  his  labor,  of 
linidinil  lii?'  in'inirics,  (»!'  rclievini^  the  tcdiousiuss  of 
()rivat(>  slndv.  iind  of  iin|)ressiiii>  on  liis  recollection 
the  principles  of  sckimm'.  I  saw  no  reason  why  the 
Law  of  i'Jioland  slionid  he  less  adapted  to  this  mode 
of  instruction,  or  le>s  likely  to  henetit  hy  it,  than  any 
other  part  of  knowiediie.  A  learned  ifentlenian,  liow- 
e\(r.  had  already  occupied  that  around,'  and  will,  I 
douht  not,  persevere  in  the  iisefid  labor  which  he  lias 
un(  -liilceii.  rpon  his  provinces  it  was  far  from  my 
wish  i  rude.      It  appeared  to  me  that  a  r-oiirse  of 

lectures  a  another  science  closelv  connected  with  all 
liberal  professi(»iial  studies,  and  which  had  lon<;  been 
the  subject  of  my  own  readiiiu,'  and  rcHection,  mi<iht 
not  ouly  pro\(!  a  most  useful  introduction  to  the  law  of 
Fnirland.  but  miiiiit  also  become  an  int<,'restino-  j)art  of 
aeiieral  study,  and  an  important  branch  ot"  the  educa- 
tion of  those  |)ersons  who  were  not  destined  for  the 


])rofessiou  of  the  law 


u 


as  confirmed  in  my  opinion 


by  the  asseuT  and  ap(>roi>ation  of  men,  wliose  names, 
if  it  wer(^  becominii  t(»  meiit'  i  them  on  so  sliirht  an 
occasion,  would  ifise  aulhoritv  to  truth,  and  alford 
some  excuse  even  for  <rror.  I', ncou railed  bv  that 
approbation,  I  resolved,  without  delay,  to  bi'^dn  the 
course  of  leeiiires,  of  which  I  >liall  now  j>roceed  to 
s^tate  the  raitline. 

The  M  ience  which  teaches  the  ri<»hts  and  duties  of 
n:en  and  of  >tates,  ha-,  in  modern  times,  been  called 


the  Law  of  \ature  and  Nations.      Liider  this  com 


pro- 


hensive  title  are  included  the  rules  of  moraliiy,  as  they 


•  S,..  "A  Sxlliil. 


if  T,ri  iiiri' 


till'    Ti.-IW  of  l'i|f;l.inil,  III  III'    (ll'IiviTfcl 


ill  liinriilii's-Iim  Iliill,  \t\  M.  .Nulaii,  Ksi|."     Loiidoii,  ITIMj. 


I- AW  or  NA'IMUr.   AM)   NATIONS 


4:) 


iTovcrn  tlio  coudiict,  of  |>riv;ito  uuh\  townrds  cjicli 
otiicr  ill  Jill  (he  various  rchitious  of  hiiiiiiiii  life  ;  ns  tlicy 
roguliilc  both  tlio  ohediciicc  of  titi/ciis  to  the  laws, 
jiiul  tho  authority  of  tii(3  luayistnitc  in  fnuuiuu  laws 
and  aduiiuistcriujx  jxovornnu'nt ;  as  tluv  iiiodilV  iIk^ 
intercourse  of  ind(>|)en(lent  conujionwcallhs,  in  peace, 
and  as  they  jinv^crihe  limits  to  tlu'ir  luHtilitv  in  war. 
This  important  science  comprehends  only  that  |)art  of 
prinitf  ethics  which  is  ca|)ahle  of  heinu  rednre<l  to 
lixed  and  ixeneral  rules.  It  considers  oidy  thosi;  oeneral 
principles  ()[\iiirisjnu(lni(r  and  politirs  which  the  wis- 
dom of  the  '  nviiivcr  adapts  to  tlu;  peculiar  situation  of 
liis  own  coiintrv,  and  which  tla^  skill  of  the  statesman 
applies  to  the  more  dnctuatinu  and  infinitely  varyiiiif 
circumstances  which  allect  its  immediate  welfare  and 
safety.  "For  there  are  in  nature  certain  fountains  of 
justice  whence  all  civil  laws  are  derivc^l,  hut  as  streams  ; 
and  like  as  waters  do  take  tinctures  and  tastes  from  thi^ 
soils  throu^ih  which  they  run,  so  do  civil  laws  vary 
accordinji  to  th<>  re<j[ions  and  i>overnmenls  where  they 
are  planted,  th<m<ih  they  procetMl  from  the  same  fonn- 
tains."  ' — liHroiis  l)ii>\  and  Adr.  o/"  Lutni.  Works, 
vol.  i.  |).  101. 

On  the  irreat  questions  oi'  morality,  of  politics,  and 
of  municipal  law,  il  is  the  ohject  of  this  science  to 
deliver  only  those  fundamental  truths  of  which  the  par- 
ticular application  is  as  cxlensive  as  tlie  whole  private 
and  public  conduct  of  nu>n  ;  to  discover  those  ••  foiin- 


'    I    llllVC  not    llcPlI    ilitrili  (I    li\    -Willi'  |irtl\    illiniiir|iiil\    iil'  lllii,ilili(ir    rriiiii 

quittin)!  tilis  noble  sciili'l .Mr.  Iliiiiif  liinj,  iii'rli!i|i-^,  llii-;  si'iilcini'   in   Ins 

|-c((illiction,    wiinn    he    wmlc    :i     iiMi^lkiiliiii    jiiosiif^u    ul"   hi-    vmuI.s.      Sec 
lliimi's  r.Dsiiij.i,  Mil.  ii.  |).  I'">','.     London  idil.,  I/SS, 


14 


DiscorRSF.  <>\  Tin:  stldv  of  tiif: 


tains  (if  justice,-'  without  pursuiuir  tlio  "streams" 
throuifli  llic  endless  variety  of  tlieir  course.  But 
anotlier  part  of  the  suhi«^ct  is  treated  with  ijjreater  ful- 
ness and  minuteness  of  a|)|)hcation ;  namely,  that 
im|)ortant  hranch  of  it  which  professes  to  re<rulatc  the 
relations  and  intercourse  of  states,  and  more  especially, 
on  a<'count  hoth  of  their  iireater  perfection  and  their 
more  innui'diate  reference  to  use,  the  laws  of  that 
intercourse  as  tliev  are  moditied  i)y  the  usajres  of 
the  ci\  ili/cd  nations  of  Christendom.  Here  this 
science  no  lon<ier  rests  in  <i;eneral  |)rinciples.  That 
province  of  it  which  we  now  call  the  law  of  nations, 
has,  in  manv  of  its  parts,  ac(|uired  amonj);  our  Euro- 
pean nations,  nnich  of  th«.'  ))recision  and  certainty 
of  positive  law;  and  the  particulars  of  that  law  are 
chielly  to  hv  tound  in  the  works  of  those  writers  who 
have  treated  the  sci<Mice  of  which  I  now  sjieak.  It  is 
hecause  they  have  classed  (iFi  a  maruier  which  seems 
peculiar  to  modern  times)  the  duties  of  individuals 
with  th-;se  of  nations,  and  estahlisluMl  tlieir  ohli^ation 
upon  similar  irrounds,  that  the  whole  science  has  been 
<-alled  '•  The  Law  of  \atur(;  and  Nations." 

WhetlKT  this  appellation  he  the  happiest  that  could 
hav(>  Ixcn  chosen  for  the  science,  and  by  what  steps 
it  came  to  he  adopted  am<ui<r  our  modern  moralists 
and  lawyers,'  an;  in(|uiri(>s,  perhaps,  of  more  curiosity 


'  Till'  li'Miiii  li  reader  is  iw.iri'  tli;il  ijn'  '■  pis  n.iliirip"  niiii  "jus  fri'iiliimi" 
(if  llir  IJmiii.iii  law  VII  s  ,iir  |ilir;i-i  s  of  vrrv  ilill'm  nt  iiii|i'irl  t'liiiii  the  nirxli'rn 
plirMsis,  "  1,1  w  111'  I  in  III  rr  iiiiil  l.iw  nl"  iiiiiiniis.  —  '•  .III-  iialiiivilc,"  s.i\  s  ri|iiiill, 
"  csi  i|iiiii|  ii:iliir;i  (Hiitiii  riiiitiialiii  (ioi-iiil.  "  '      1).  i    i,  i    li       "  (AikmI    natiiriiliH 


nitiii  mill'  iiiniii's  limi 


cs  cnii'lifiiil,  111  (|ii('  npiiil  niiini's  pcin'ijiic  nisloditiir 


(1)   .Viiliiriil   linv.'int   I'lpinii,  i«  ihnt   inw  wliirh  nntiiif  imrh^t  in  nil   thr  nniniiil  crrn 


LAW  OF  NATlRi:  AINU  NATIONS. 


46 


is" 
iiit 
ful- 
hat 
the 

illy, 

loir 
that 
of 
this 
That 
ions, 
'.iiro- 
aiiity 
\v  aro 
s  who 
It  is 
sccins 
iduals 
nation 
s  hcon 


than  use  ;  which,  if  thoy  any  where  deserve  much 
attention,  will  he  more  properly  considered  in  a  full 
examination  of  tiie  suhject,  than  within  the  short 
limits  of  an  introductory  discourse".  Names  are,  iiow- 
ever,  in  a  great  measure  arhitrary  ;  but  the  distribu- 
tion of  knowled<rc  into  its  parts,  thouLdi  it  may  often 
perhaps  he  varii'd  with  little  disadvantaire,  yet  depends 
most  certainly  upon  som(*  fixed  principles.  'V\w  mod- 
ern method  of  considcrin«;  individual  and  national 
morality  as  the  subjects  of  the  same  science,  seems  to 
me  as  convenient  and  reasonable  an  arrangement  as 
can  be  adoj)ted.  'The  same  rules  of  morality  which 
hold  together  men  in  families,  and  which  form  families 
into  comnu^nw  ealths,  also  link  together  these  common- 
wealths as  members  of  tlu;  great  society  of  mankind. 
Commonwealths,  as  well  as  private  men,  arc  liable  to 
injury,  and  capable  of   receiving  benefit,  frou!  each 


voc;itiirf|ii('  jus  ficntiiim.'  '  D  i.  i  !V  I5iil  llit'v  soinctimos  iii'ffloct  lliis  siili- 
tic  (listiiK'tiiiii  —  ''Jure  tiMluiali  ijikhI  ;i|)|)(  INiIur  jus  iii'lltiiini.  '^  \.  '2.  I.  II 
Jus  I'ciidli  Wiis  llic  Kwiii.iii  ti nil  liir  "\\v  liiw  nl"  iiiiliuii.-..  "  r.clli  (|iiiil('iii 
ir(|iiitiis  siiiiclissinic  |)(i|iiili  Rmii,  I'iciiilr  jure  |)i'i~iripl;i  ('<!.  "  ■'  ( Ml',  i.  II.  Our 
li'iiriK'd  cix  iliiiii,  Zniirli,  li;is  iicciirdiiifilv  riilillcd  liis  work,  "  Dc  Jure  I'i'ciiili, 
sivc  (Ic  Jiirc  iiilir  (iciili  s.  '  '  Tlir  ('liiiiicclliir  I)' A<;iU'ssfini,  [iroliiilily  witli- 
iiiil  kiKiwiiifr  lilt'  wiirk  of  ZimhIi,  siifjircstril  tliiil  this  kiw  slimild  lii<  called 
"  Droit  niirr  Ifs  (Inis,"  •>  (Oliivrcs,  toiii.  ii.  p.  IV.57,)  in  wliicli  lie  lius  Immmi  f'ol- 
liiwi'd  liv  ii  liiti'  must  iiii!<'iiii>iis  iiiid  oriifiii.'il  writer,  Mr.  Bt'iitJKiiii,  I'liiif.  of 
!Mi)riils  ,'ind  I'ol  \i.  '.Vii.  I'lrliMjis  tlicsc  liiirncd  writers  dd  eiiiplny  a  |)lirase 
wliiili  expresses  tlie  siilijeet  ii|"  tliis  law  willi  more  aMiir.icv  than  our  eoin- 
liioii  laiif.'iiap'e  ;  hilt  I  doiilit  wiielher  innovations  in  the  terms  ot'  seieiico 
alwavs  rejiav  ns  liv  their  superior  preei>ion  lor  the  iiiieertaiiity  and  I'oii- 
filsion  whii'h  the  elianjie  oceasioiis. 

(1)  \Vli!il''Vrr  naliir.il  rea-icm  ciin-litiilr^  aiiiniu  all  Mien,  nnil  Hint  wlm-li  is  ( (|iinlly  uli 
scrvcil  li\-  all,  is  Ciillrd  llir  l;nv  el' mil  lens. 

(■J)  Ity  natural  hiw.  ii  ini'ant  llie  law  of  iriiiiins. 

(It)  Inileeil  the  highest  eiiiiily  iif  lirlicnrnt  riclit«  amnng  the  Unm.in",  i«  ))rp<!rrihr(1  by  tile 
fecial  law. 

(4;  t'poii  IhP  Fecial,  or  intmmtinnal  lau  , 

{."0  Inlernatiiinal   I.nw. 


46 


DisroT'Rsr,  ON  Tiir,  .-tidy  or  Tin; 


otlior ;  it  is,  tlH'iTlon',  tlu^ir  interest  .h  well  as  their 
duty  to  reverence,  to  practise,  and  to  (Milorco  tlios(; 
rules  of  justice  w  liicli  control  and  restrain  injury, 
Avliicli  reiinlate  and  aULnneiit  benefit,  wiiicli,  even  in 
their  }>resent  imperfect  ol)s(>r\ance,  preserve  civili/ed 
states  in  a  tolerahle  coiniilion  of  security  from  wronjx, 
and  which,  if  ihev  could  he  u'eneraJly  oheyed,  would 
estahlish.  and  permanently  maintain,  the  well-heinir 
of  th(^  nniv(>rsal  commonwealth  of  the  human  race. 
With  justice.  tlier('l()re.  Iiasone  part  of  this  science  been 
called  "the  nttHndl  lair  of  itidiritli/d/s,"'  and  llie  other 
'■^  tlie  iuit}i nil  Id ir  i)f  stairs  :"'  and  it  is  too  obvious  to 
require  observation.'  that  the  ap|)lication  of  both 
tiiese  laws,  of  the  former  as  much  as  th<^  latter,  is 
modified  a?id  ;aried  hv  customs,  conventions,  char- 
acter, and  situation.  Hence  the  writ(>rs  on  (gen- 
eral jurisprudence   have   considered   states    as    moral 


pcrs 


on." 


a    mode    of    e.\pre»ion    which     has    been 


called  a  tiction  of  law,  but  which  may  l>e  n'lranh'd 
with  more  propriety  as  a  bold  metaphor,  used 
to  convey  the  important  truth,  that  nations,  thouiih 
they  acknowh'due  no  common  su|»erior,  and  neither 
can  nor  ouirht  to  be  >ii!»jectr(l  to  human  punishment, 
are  yet  under  the  same  obli<:afions  to  practise  hon- 
esty and  humanity,  which  would  have  bound  individ- 
uals, if  they  were  not  compelled  to  discbar^re  their 
duty  by  the  just  atithority  ol'  mauistrates,  and  if  thev 
could  be  conceived  ev<-n  to  liav*'  ever  subsisted  without 
the  protectinir  restraints  of  «i()vernment.  With  the 
same  views  this  law  has  been  styled,  and  (notwithstaiid- 


'  This  rrmark  is  sii(r!r<"sfr(l  liy  nn  nhjn  tion  of   loltil,  wiiii'li    \»    rnnro 
specious  than  sr.lid      Scr  hi-;  Pnlim    f;  (\. 


^ 


LAW  UF  .N ATI  1:1:  AND  NATlONrf. 


47 


loir 

oso 

iiry, 

It  in 

[i/o(l 

loll  2, 

(cini!: 
Inico. 
luH'n 
otlu-r 
us  to 
both 


iiii^tlic  ol)joctioiis  of  some  writors  to  the  vaijucncss  of 
the  liintrujiiie)  ii|)|)C!iis  to  have  hccii  styled  u  ith  threat 
(»r()|Miety,  '-tin;  law  of  nature.*'  It  may  witli  sntiicient 
correctness,  or  at  least  h\  an  easy  metaphor,  he  called 
a  ''/(lie,"'  inasmuch  as  it  is  a  supreme,  invariahle,  and 
iiiicoiitrollahle  rule  ot"  couduct  to  all  men,  the  viola- 
tion of  which  is  avenged  hy  natural  |)unisluuents,  neces- 
sarily llowiiiLT  Irom  tlie  very  coustitution  oi"  thint»s,  and 
e(|uallv  lived  and  invariable  with  the  ordcu'  of  nature 


itseir.      It  i^   '•  l/tr  I 


(iir   of  iitilinr. 


because  its  ireneral 


precepts  are  (essentially  adapted  to  j)roniote  the  happi- 
ness of  man,  as  lonif  as  he  remains  a  beiuijof  the  same 
uatun;  with  which  he  is  at  present  endowed,  or,  in  other 
words,  as  lonu'  as  Ik;  contiuues  to  he  nuui,  in  all  the 
variety  of  tim(\'^.  places,  and  circumstances,  in  which  he 
has  been  knowu.  or  can  be  imagined  to  exist;  because 
it  is  discoverable  bv  his  natural  reason,  and  suitable  to 
his  natural  constituliou  :  because  its  iitness  and  wisdom 
are  founded  on  the  general  nature  of  human  beings, 
and  are  alto<; 'ther  independent  of  any  of  those  tem- 
porary and  ac(Mdental  situations  in  which  they  may  he 
placed.  With  still  more  propriety,  and  indeed  with 
the  hiiihest  strictness,  and  the  most  perfect  accuracy,  it 
is  called  a  law,  when,  according  to  those  just  and 
magiiiticent  views  which  |)hilosoj)hy  and  religion  open 
to  us  of  the  government  of  the  world,  it  is  received  and 
reverenced  as  tlu^  sacred  code  promulgated  by  the 
irreat  Leizislator  of  the  Universe  for  the  guidance  of 
his  creatures  to  happiness;  guarded  and  enforced,  as 
our  own  e.\|)erience  may  inform  us,  Ijy  the  penal  sanc- 
tions of  shame,  of  remorse,  of  infamy,  and  of  misery; 
and  still  farther  enforced  by  the  reasonable  expecta- 


j/ 


48 


DISCOL'KfSr,  ON  Till.  STl  1)V  Ol'  Till: 


tion  of  yet  more  Jiw  I'lil  jxMmltics  in  a  tutiirr  jukI  inon; 
])(>nniUioiit  state  ol'  ('.\ist«MU('.  The  cruitcmplatioii  of 
the  hnv  ot' nature.  ii!i<ler  this  riill.  mature,  and  perrect 
idea  of  its  hiiih  oriiiin  and  transcendent  (h<.!;nity,  lias 
eall(>(l  forth  the  (Mithnsiasm  ol"  tlie  urrf^atest  men,  and 
tlic  iireatest  writers  of  ancient  and  inoch'rn  times,  in 
those  snhhine  (h'scri|ttioiis.  where  they  liave  exliausted 
all  the  powers  of  Iani:iia2<',  and  surpassed  all  the  otiier 
exertions,  even  of  their  own  <feniiis,  in  th(^  display  of 
the  heantv  and  niJijesty  of  this  sovereign  and  immntahle 
law.  It  is  of  this  law  that  Cicero  has  spokf'ii  in  so 
manv  parts  of  his  \\ritniLi<.  not  only  with  all  th«>  sj)len- 
dor  and  copi<jusness  of  elocpu'iice.  hnt  with  the  seii- 
sihilitv  of  a  man  of  virtne.  and  wilh  th«'  gravity  and 
comprehension  of  a  |)hilosopher.'   It  is  of  this  law  that 


'  '•  I'.st  <|iiiclc'in  \  c  TM  \v\,  i-iclM  r.iliii.  iiiitiiiui  rinii'inf  iis,  (lill'u<:i  in  oriiiics, 
(•(installs,  sciiijiilc-iia,  (|iia'  v((i(  I  ad  (itiiiiiiiii  |iilicii(|ip,  vctaiidn  a  I'imikIc  dctcr- 
ri'at,(|ua'  taiiicii  n('(|Ui'  prdlins  Iriislra  jiilnl  aiil  vi  tal,  ii('(|ii('  iiii|iri>liiis  Jidiciido 
aiit  M'laiid"  iiiiiM't.  lliii(  li  i;i  rn  (jin'  idii-d^rjn-i  f-i>  est,  imijiii  diinjjnii  cX  liac 
ali(|iii(l  licit,  11(1)111'  tiita  alim^raii  |Mitrsl.  N'lr  \  i  in  ant  \nr  si'iialiiiii  ant  |mt 
|ii>|iilliliil  siih  i  liai'  li<;('  |iii.ssiiiiiiis.  .\('i|iir  r-l  i|ii:i  niidiis  ('\|ilaiiatiir  ant  ill- 
ti  ijiri  s  ijiis  alms  N'rc  irit  alia  li  x  Kmiia',  ali.i  \lliiiis,  alia  liiilic,  alia 
|ins||i;ir,  scd  ct  iiiiiiii's  fri'liti"*  ct  iiiiiiii  liiM|inii'  una  lr\  It  srMi|iilrriia,  d  iiii- 
iiintaliili!i  I'diitincliit,  iiiiusi|iii'  crit  (  (inininiiis  ijiiasi  ina;;isti'r  it  iMi|i('iat(ir  din- 
niiiiii  Itiiis.  nil'  li'ijis  liiijii-  in\i  iilnr,  ili~ii'|)la|or,  latnr,  rui  i{ui  iion  |i;iri'liil 
ipxi  .•>■'  Jiiaid  it  nii/Kiiiiii  /iiiiiimi.^  ii.<iii  iiiiiint  (I  i\  ali|iii'  lim-  iji>ii  lint  ina.xinia^ 
punas  I'tiaiiisi  ca't'Ta  sn|i|)liiia  ipiic  |intaiitnr  cirnircril.  '  — t'niirni.  iili.  iii. 
Cinr.  ill   li'ijiiilil.  ii/iiiil  l.iiitiiiil 

It  is  iiii|iii-sil)lr  to  riad  snrli  prcriipiis  frai:nirnt>  uillnnit  di'idiniii';  tlic 
Kiss  III  a  work,  w  liitli,  Tor  lln'  lirni'lil  ol' all  ^'iiifiatinns,  .v/k/m/i/  lia\f  Ik'L'II 
ininiiirtal. 

(I)  Trill' law  is  iiiili  I  il  rijlit  riasiin,  Kiiisistrnt  with  natiin,  sIiiiIiIiml'  il-i  iiitliiriicc  ii|iiiii 

ull,  ciaisliiiit  anil  iMMiiiilalilr.     II  im  ili's  inrii  tn  ll \i  nisr  ul  im  r>  iimral   iliil\ ,  it  iliterd 

tlii'iii  liy  lis  iiriiliiliitions  tViiiii  tln'  i  >iiiijiii~^iiim  ut'  lrau<l  :  iiritliir  ilm^  ii  i  iiiiiiiiaiiil  (ii  |ir(iliiliit 
tilt'  \  iitiiiMis  III  vani,  iiiir  aniiisi   ilir  iiiiiiiiiral  lis  ll^  Mininlinii- In  um  it  ails.     It  is  iiii|iii>iis  to 
cliHiiur  -III  ll  w  |,i\v  .   Ill  iilrrr  I-  II  \.\\\  liil  In  iiliair  II.  liiir  1  an  ll  br  w  Inilly  ahriivatiil.    'I'hr  sin 
all  mil  Mil  |i.  (iplr  r,-iniiipt  ili-rli  irs."'  ii>  liiiiii  ii>  iii<lit;.'ilhins,     ll  iliii  ~  nut  niinirr  nii  cxiMiiiml 
(r  nr  iiilir[iri'ti  r.     ll  will  nut  In   inir  lliiii!.' at    Ituiin  ,  ami  am.lliii  at    \tliriis  ;  iiiic  law    now, 
anil  a  ilillirrnl  unr  licii'alli'r ;  Imt  it  is  llir  •<aim  i  ii  rnal  ami  inuulaliU'  law  ,  llial  coiniitrlii'mls 


LAW  Ul'  NATLKi;  AM)  .NATIONS. 


49 


Hooker,  in  a  stniiii  of  sucli  .sul)limo  oiitluisiasm,  thus 
spciiks  :  —  "  Of  law,  no  less  can  ho  siiid,  tlian  tliat  her 
scat  is  tlio  hosoni  of  Ciod,  her  voice  tlie  liarinony  of 
th  world;  all  thin^rs  in  heaveji  and  earth  do  her 
hoinajre,  the  very  least  as  teelinu  her  care,  the  (great- 
est as  not  exempted  from  her  power;  both  impels  and 
men,  and  creatures  of  what  condition  soever,  though 
each  ill  dillereiit  sort  and  manner,  yet  all  with  uniform 
consent,  admirini;  her  as  tin.'  mother  of  their  peace  and 
joy." — ilcrlcs.  I'o/.,  hook  i.,  in  the  conclusion. 

Let  not  those,  who,  if  1  mav  use  the  lanjruaijc  of  the 
sam(^  Hooker,  '-talk  of  truth,"  without  "ever  sound- 
inj^  the  depth  I'rom  whence  it  spriiiiioth,"  hastily  take 
it  for  jjjranted,  that  these  u^reat  mast(;rs  of  eloijuenco 
and  reason  were  led  astray  by  the  specious  delusions 
of  mysticism,  from  the  sober  consideration  of  the  true 
grounds  of  morality  in  tin;  nature,  the  necessities,  and 
the  interests  of  man.  They  studied  and  taught  indeed 
the  principles  of  morals  ;  but  they  thought  it  still  more 
necessary,  and  more  wise,  a  much  nobler  task,  and 
more  becoming  a  true  philosopher,  to  inspire  men  with 
a  love  and  reverence  for  virtue.'    They  were  not  con- 


'  "Age  \ero  urbibiis  ronstitutis  uf  fidcm  colere  et  justitiani  rctinerc  dis- 
crrfnt  I't  aliis  pnrrrr  sua  voluntate  cousiicscerent,  ac  non  niodo  labores  ex- 
ripicndiis  roinmuiiis  cnmmotli  raiisa  sf>il  ctiam  vitam  nniiltciulam  cxistima- 
rent ;  qui  tandem  fieri  potuit  n'si  iiomiiics  ra  qim^  ratione  invcnissent  fIo- 
ipu'ulia  pcrsuadoio  potuissont."  '  — Cic.  dr  Inr.  Hlirt.  lil).  i.  in  proem. 

even-  iKitjon,  lliru\ii;liniii  all  liiuo  ;  and  is,  as  it  Hcrr,  a  runinion  mastrr  and  nili-r  ;  flic  divinity 
iifall.  (it\i\  is  till'  iiivcnliir,  llir  hIvit,  and  the  jiidL'r  ofllii^  Ian  ;  and  hIuicvii  will  "  '  '  ry 
M-;  prci'i'iils.  III  liirn  tire,  and  avind  thr  ((iiniianinnsliiij  ul'  liis  race  ;  and  lhn.->  he  v.  •','.  imfpr 
till'  si'vcicsl  lu'iialtii's,  alllinn<.'li  csi-aiic  (illnr  {iiMiishiii>'iil~  llial  auait  liinj. —  Eilit. 

(I)  till  on  tlicn  anil  liinnd  I'ilii's,  tliai  till' (iti/.i  IIS  may  li'arii    liuw   uimd  t'ailli  is  In  lip  rlit'r- 
i^ln-d,  jiisiiir  niainlainrd  ,  and  lliiil  liny  may  ai  cnstnni  Iliinistlvi's  willinuly  In  (iliry  others  ; 
and  not  I'lily  sliiinid  tiny  rtincniliir  lliat  linrtlirns  must  lie  assumed,  lint  if  iit-icssaiy,  sanitirp 
llnir  lives  fiir  the  iiiibin'  wral.     This  will  nnlv  he  dunr,  unless  nif  n  ran  be  persuaded  to  un 
il.  rtake  those  duties  v\liirh  it  is  the  piruiiar  pimniie  iil"i'l'it|iii'ii''c  to  ininkatp. 


,-J^' 


5U 


i)i!^iuLi<s:i:  O.N  Till:  !<TiDV  or  Tin; 


tented  with  eleineiitiiry  .<|H'(til;iti(>iis.  Tliey  exaiuiiK'd 
the  loimdaliuiis  oldiir  duty,  hut  they  felt  iiiid  cherishfMl 
a  most  ii;itiii;il.  ;i  must  seemly,  a  most  rational  entlm- 
siasm.  when  tliev  contemplat^'d  the  majestic,  editico 
which  is  reared  upon  th«'se  solid  lonndatiiMis.  Tliey 
devoted  the  highest  e\<Mtions  of  their  mind  to  spread 
that  JHMiefuent  eMthiisiasm  amoiiji  men.  I'hcy  con- 
secrated, as  a  lioma«ie  to  virtue,  the  most  |)errect  fruits 
of  their  jifmus.  If  tlu'se  Lrraiid  sentiments  of  "the 
•jfood  and  fair."  have  sonietinu's  prevented  them  from 
dchvorini!:  the  priiieiplrs  of  ethics  with  the  naki'dness 
and  drvne^s  of  science,  jil  least,  we  nmst  own  tliat 
thev  have  chosin  the  better  part;  that  they  have  pre- 
ferred the:  jiractical  henefits  of  virtuous  feelin<r,  to  the 
speculative  curiosities  of  moral  the(>rv.  I*erhaps  those 
wis<(  men  mnv  have  sup|)osed  tli;it  the  nuimte  dissec- 
tion and  anatomy  of  virtue,  nuLdit,  to  the  ill-jud  f 
eye,  weaken  tla;  cliarm  of  her  heauty. 

It  is  not  tor  me  to  attempt  a  them(>  which  has  per- 
haps heen  exhausted  hy  tiiese  ifreat  writers.  I  am 
indeed  nuich  less  called  upon  to  display  the  wortii  and 
usetidness  of  tlie  law  of  nations,  than  to  vindicate  my- 
self from  pnsumption  in  atlemj)tinir  a  subject  wiiicli 
has  i»een  already  handled  bv  so  many  masters.  For 
tln'  purpos(>  of  that  vindication  it  will  l)(>  necessary  to 
sketch  a  \ery  short  and  sliiiht  a«-count  (for  such  in 
tins  j)lace  it  nuist  unavoidabb  be)  of  the  pro^ross  and 
present  state  of  \\u:  seieiice.  and  of  that  succession  of 
able  writ<'rs  who  have  gradually  brouiiiit  it  to  its  pre- 
sent p<'rfection. 

We  have  iiodnck  or  iloman  treatise  remaininiron 
tile  law  of  nations.      I  rom  the  titl(>  of  one  of  the  lo'Jt 


I, AW  OF  N ATlKi:  ANr>  NATIONS 


Al 


works  of  Aristotle,  it  }ij)|K>}jrs  tliat  ho  coiupo.sod  ,i  troa- 
tisr  on  the  laws  of  war,'  wliitli,  if  w<'  had  the  ^food 
lorfiino  to  j)oss(\ss  it,  would  doiibilcss  have;  am|)ly 
.sitisliod  our  curiosity,  and  would  have  tautjlit  ns  hotli 
tho  practico  of  tho  auciout  nations  and  the  opinions 
of  tlu'ir  moralists,  with  that  |)rocision  which  distin- 
truishcs  th(^  other  works  of  that  jxrcat  philosopiicr.  \Vc 
ran  now  oidy  collect  that  j)ractice  and  those  o|)inions, 
ini|)erlectly,  Ironi  various  j)assa<j;<'s  which  are  scattered 
over  tlu^  writinp^  of  philoso|)hers,  historians,  poets, 
and  orators.  When  I  am  led  hy  the  course  of  these 
lectures  to  examine  more  fully  the  <^overnment  and 
manners  of  the  ancient  world,  I  shall  he  able,  perhaps, 
to  oiler  satisfactory  reasons  why  that  ])art  of  moralitv, 
which  regulates  the  intercourse  of  states,  did  not 
form  a  separate  and  independent  science  amon^  these 
enli»fhtened  nations.  It  would  re(|uire  a  lonir  dis- 
cussion to  unlold  th(^  various  causes  which  united 
the  modern  nations  of  Kurope  into  a  closer  society ; 
which  linked  them  touether  hy  the  firmest  hands 
of  mutual  de))en(lence,  and  which  thus,  in  process 
of  time,  <j;ave  to  tho  law  that  reuulatod  their  in- 
tercourse ijroater  importance,  hiiiher  improvement, 
and  more  hindinj;  force.  Amon<r  these  causes  we 
may  enumerate  a  conmion  extraction,  a  common 
religion,  similar  manners,  institutions,  and  lantrua- 
ijes ;  in  (>arlier  a<;os,  tho  i.uthority  of  the  See  of 
Rome,  and  the  extravaijant  claims  of  the  imjicrial 
crown  ;  in  later  times,  the  connections  of  trade,  the 
jealousy  of  power,  the  refinement  of  civilization,  the 


(])  Th«  Inwi  nt    Hill, 


5a 


Kisrorusr,  (tx  Tin;  .<Tin>v  or  Tin: 


cultivation  of  scionco,  and,  above  all,  that  <jonoral 
niildiioss  of  charnctor  and  manncMs  which  arose  iVoni 
tlio  coinhint'd  and  proiiTossivo  iiiHiionco  of  chivalry,  of 
coinuiorcc,  of  learniiiir.  and  of  rcliiiion.  Nor  must 
\vc  omit  tlu>  siniiliiiity  of  those  political  institutioni?, 
which,  in  every  countrv  that  had  been  over-run  hy  tho 
(rothic  con(|U(M'ors,  hore  discernihle  marks  of  the  rudo 
but  bold  and  noble  outline  of  liberty,  originally  sketc'"^d 
by  the  hand  of  these  iicnerous  barbarians.  Thesi",  and 
many  oth(>r  cnnses.  conspired  to  unitc^  thv  nations  of 
EurojK!  in  a  more  intimate;  connection  and  a  more 
constant  intercourse,  and  consequently  made  tlu;  rv^- 
nlation  of  their  intercourse  more  nec<'ssary,  and  the 
law  that  was  to  irovern  it  mor(>  important.  In  pro- 
portion as  they  approachiMl  to  the  condition  of  provin- 
ces of  thr"  same  empire,  it  became  almost  as  essential 
that  Km'ope  should  have  a  precise  and  comprehensive 
code  of  the  law  of  nations,  as  that  each  separate 
country  should  have  a  sys[<Mn  of  municipal  law.  The 
labors  of  the  learned  accordiiiLdy  beiraii  to  be  directed 
to  this  subject  in  the  sixteenth  ccMiturv,  soon  after  the 
revival  o\'  learnin<r,  and  after  that  reonlar  distribution 
of  power  and  territory  which  has  subsisted,  with  little 
variation,  until  om-  times.  The  critical  e.vamination 
of  these  early  writers  would,  jM'riiaps,  not  be  very 
interestiiiir  in  an  extensive  work,  aiul  it  would  be 
tmpardonable  in  a  sluu't  di<coiii>e.  I  shall  onlv  here 
observe  that  they  were  all  more  or  less  ^hackled  by  the 
barbarous  j)hilosophy  ot'  the  -cliools.  and  that  they 
were  impeded  in  their  proirress  bv  a  timorous  (h^f- 
erence  for  the  inferior  and  technical  |»arts  of  ilie 
Hoinan  law.  without  raisintf  their  views  to  the  compre- 


(.; 


4 


m 


LAW  OF  NATI'Ki:  AND  NATION.S. 


53 


honsivc  priiici|)los  wliicli  will  lor  vw  inspire  n-ankind 
with  venercUioii  lor  that  ^vnuul  hk  luinent  of  himiaii 
wisdom,  it  was  only,  indc-cd,  in  the  si.vteenth  centnry, 
that  the  Konian  law  was  lirst  studied  and  understood 
as  a  science  connected  with  Jlonian  history  and  hter- 
ature,  and  illustrated  hy  men  whom  I'Ipian  and  Fa- 
l)inian  would  not  have  di^^dained  to  acknowledge  as 
their  successors.'  Aniono-  tlu^  writers  of  that  n<so  we 
may  perceive  the  iiiotlrctua!  attempts,  the  partial  ad- 
vances, the  occasional  streaks  of  lijiht  wiiich  alwa\s 
pre'c<>de  oT(>at  discoveries,  and  works  that  are  to  in- 
struct posterity. 

The  rediK-tion  of  the  law  of  nations,  to  a  system, 
was  reserved  for  (irotius;  who,  hy  the  advice  of  Lord 
Bacon-  and  Peiresc,  undertook  this  arduous  task.  He 
produced  a  work  which  we  now  indeed  justly  deem 
miperfect:  hut  which  is,  perhaps,  the  most  complete 
that  the  world  lias  y(>t  owed,  at  so  rarlv  Ji  stai^e  in  the 
pro<Tress  of  any  scienc(>,  to  the  genius  and  learnino-  of 

'    f'ujn.'iiis,  liiiss.MMii'.,  |[oiloiii:iliiii!.s  iVc    iVr   —  Vid,    (inir'nKt  On'u.  -Iiir 
Ciril.  |).    i:Vi-l:V-'.  rtiit.l.iiiv    |T:lV 

Lciliiiitz,  ;i  pri'Ml  iiiiiilicniiilici.iii  as  well  ,-i^  pliilnsinili,  r,  <lic|;ir('s  \hn\  In- 
kiKiNvs  ii.illiili;^  wliicli  .■i|i|in.iulii-  -M  ihiir  luilir  iim||ii>,I  ;iiii1  i)rril<i<iii  of 
a:i'"lili'try  MS  flic  Hiiiii;iri  l,i\v, —  Op.  I'Hjl.   i\.  |i.  'ir>). 

■•'  I  ilMVC  her.'  liiM'ii  iriislril  liv  ;in  "\|iri'ssiiiu  ..f  ;i  nindcvil  Ji;ii)."f.ry I'isl  u\' 
Ornliiis.  Ill'  tells  IIS  Ih.il  ijir  li.ii.K  '•  I),  Jnii  IIJ/i'  ■  was  iiiKJcrlakm 
'' /lorliiiili  Haiom:  \  i.ki  i  wwn."  ■  \i,!.  Ckvs  /,/,,/  pirfirii  .hir'scon.iiiili  in 
Uii'jDnr    d'tiiin.''     Tli"iii;ii    awaiT   ol'   iji,'    aiiilii;.i;iK(v   of  l!)i     i  \|iris>ioii,    I 

tliniiplit  tliat  il  ri'lrrrri!  i ■.■  iritiiraM^    m  piMMnial  cvjiortalioii       I  imw  timl, 

iiii'.vi'MT,  (liat  it  alliiilis  i)iil\  1(1  tjic  |,laii  skilrlii'il  ■ui  in  Lord  Ijaion'.-i 
>vritiiiy;s,  in  uliiiii  siii-r  Sii  l-aar  .\i wlmi  minlit  i',  -aid  In  liavr  i()ni[Hisi'il 
his  I'riiii  ipia  ^^  Imrtiiiih  lliiiniii  I'l  i  uLiiinn.'  Tli.  aiillinilii'  liisfii|-\  id'tlii' 
wiirk  111'  (ii-i)tiii.s  in)  III  |ii>  liiiii:.!  HI  liis  ii\\  M  iiKisI  iiiti'ii  sliiiii  Ldiiis,  and  in 
•  iassiMidi's  MTV  aldr  inid  cm-idiis  lili   nt'  I'riri'sc.  —  {.\Vi'(  /.)  thr  tliiril  nlil .) 

M!  On  III!   laH  i\f  war. 

(•J)  At  il  Kiiimcsliiin  iiiiidc  in  l.ciril  llanin. 

fit)  Sec  IIil'io  (Jrollii^  iiima  llii    nirMl>'in  iilra  oi  a  |ii'il'.'(t  .Iiiris  rnniiili. 


li 


54 


ni.*!r()rRsi:  on  tiii:  stidv  of  tiii: 


one  man.  So  ufront  is  tiio  uncertainty  of  posthumous 
reputation,  and  so  liaMe  is  the  fame,  even  of  the  jjreat- 
cst  men,  to  he  ohscured  hy  tliose  new  tasliions  of  tliink- 
ini;  and  writin*;  whicli  succeed  eacli  other  so  rapidly 
an«on!T  polished  nations,  that  Cirotius,  who  tilled  so 
larire  a  s|)ace  in  the  eye  of  liis  contemporaries,  is  now, 
perhaps,  known  to  sonu'  of  my  nviders  only  hy  name. 
Vet,  if  we  fairh  estimate  hoth  his  endowments  and  his 
virtues,  we  mav  justly  consider  him  as  one  of  the 
most  memorahl(^  men  who  have  done  lionor  to  ujod- 
ern  tinu^s.  He  combined  t\\o  discharire  of  the  most 
important  duties  of  active  and  j>id)lic  life  with  the 
attainment  of  that  exact  and  various  learning  which  is 
iicnerallv  the  portion  onlv  of  the  recluse  student.  Il(^ 
was  distinixuished  a-!  an  advocatr  and  a  magistrate, 
and  he  composed  the  most  valuahle  works  on  the  law 
of  his  own  conntrv  :  he  was  almost  (mjuuIIv  celebrated 
as  a  historian,  a  scholar,  a  poet,  and  a  divine  ;  a  disin- 
terested statesman,  a  philosr;p|iifal  lawyer,  ji  patriot 
who  unitod  moderation  w:<h  lirnmess,  and  a  theolo- 
gian who  was  tauiiht  candor  by  his  learniuij;.  With 
singular  merit  and  sinifular  felicitv  he  preserved  a  life 
so  blameh^ss,  that,  in  limes  of  the  niust  furious  civil 
and  reli<rious  faction,  the  saifacifv  of  lierce  and  acute 
adv»'rsaries  was  vainly  exerted  to  discover  a  stain  on 
his  charact(  r.  Jt  was  his  late  1<>  be  exposed  to  the 
severest  tests  of  human  virtue;  but  such  was  the 
happy  tem|)(TatMr(  of  his  mind,  that  he  was  too  firm  to 
be  subdued  by  adversity,  and  too  mild  and  honest  to 
be  provoked  to  violence  by  injustic<\  Amidst  all  the 
bard  trials  and  |zallin<;  vexations  of  a  turbulent  jxiliti- 
cal  life,  he  never  once  deserted   bis  friends  when  tbev 


LAW  Ol"  NATLUE  AiNU  NATlOAS. 


Oii 


»l<)- 


ith 
ifc 
ivil 
iito 
on 
tho 
tl»o 
1  to 
t  1o 
tlio 
liti- 


were  uiitortunato,  nor  insulted  his  enemies  when  they 
were  weak.  Unmerited  exile  did  not  damp  his  patri- 
otism ;  tile  hitterness  ot"  controversy  did  not  (extinguish 
his  charity.  He  was  just,  even  to  his  persecutors,  and 
faithl'ui  to  liis  ungrateful  country. 

Such  was  the  man  who  was  destined  to  give  a  new 
form  to  the  law  of  nations,  or  rather  create  a  science, 
ot"  wliich  only  rude  sketclies  and  indigested  materials 
were  scattered  over  the  writings  of  those  who  had 
gon('  heforc  him.  iJy  tracing  tiie  laws  of  his  country 
to  their  principles,  he  was  led  to  tiie  contemplation  of 
the  law  of  nature,  which  he  justly  considered  as  the 
parent  of  all  nuinicipal  law.'  Few  works  were  more 
celel)rat(;d  than  that  of  Cirotius  in  his  own  days,  and 
in  the  age  which  succeeded.  It  has,  however,  heen 
the  fashion  of  the  last  half-century  to  depreciate  his 
work  as  a  slia|)ele>s  com|)ilation,  in  which  reason  lies 
huried  inuhM'  a  mass  of  authorities  and  (|uotations. 
This  fashion  originated  among  French  wits  and  de- 
claimers,  and  it  has  heen.  I  know  not  for  what  reason, 
adopted,  tliough  with  far  greater  n>  xleration  and  de- 
cency, hy  some  respectahle  writers  amoiiii;  our>elves. 
As  to  tlios(!  who  first  used  this  language,  we  are  hound 
in  candor  to  suppose  that  they  never  read  the  work  : 
lor,  if  they  had  not  heen  deterred  from  the  perusal  of 
It  hv  such  a  formidahle  display  of  (ireek  characters, 
tli(  y  must  soon  have  discoNcred  that  (Irotius  never 
(|iiotes  on  any  suhject  till  he  lias  first  appealed  to 
some  princi|)les,  and  often,  tlioiinh  in»f  alwa\s,  to 
principles  the  soundest  and  most  rational. 


'  I' 


rii'ixTi  MP j'w  (M \'' 


|1^  > 


/),     f.,,.     I' 


tu. 


56 


DiscoLRsi:  OiN  Tin;  sTi:j>Y  OF  Tin: 


But  another  sort  of  answor  is  due  to  some  of  those' 
who  have  criticised  Cirotius,  :iu(l  that  answer  might 
be  iiiven  in  tlie  words  of"  Cirotius  himselt'.-  lie  was 
not  of  such  a  stupid  and  servile  cast  of  mind,  as  to 
<|Uote  the  0|)iuioMs  of  poets  or  orators,  of  liistorians 
and  pliilosoplu'is,  as  if  tliev  were  judiies,  from  whose 
ilecision  there  was  no  aj)peal.  He  (juotes  them,  as  he 
tells  us  himself,  iis  witnesses  wiiose  cons{)iring  testi- 
monv,  nuyhtilv  strenifthened  and  coidirmed  by  tlieir 
disconhuice  on  almost  every  other  sid)iect,  is  a  con- 
clusive proof  of  the  unanimity  of  tlu-  whole  human 
race  on  the  great  rules  of  dutv  and  the  fundamental 
principles  of  morals.  On  such  matters,  poets  and 
orators  are  the  most  unexcepliouahle  of  all  witnesses; 
for  they  address  themselves  to  the  general  feelings 
and  sym|)athies  of  mankind  :  they  are  biassed  by  no 
system  either  of  philosoj>liy  or  sophistry  ;  they  c[in 
attain  none  of  their  objects  ;  thev  can  neither  convince, 
nor  persuade,  nor  move,  nor  delight,  if  they  utter 
moral  sentiments  not  in  unison  with  those  of  their 
resulers  or  hearers.  Surely  no  system  of  moral  phil- 
osophy can  disregard  the  general  feelings  of  human 
nature  and  the  according  indgment  of  all  ages  and 
nations.  IJut  wherr  ar(>  these  feelings  and  that  judg- 
ment recorded  and  preserved:  in  those  very  writings 
which  (irotnis  is  gravfly  blamed  for  having  (juoted. 
The  usages  and  laws  ol  nations,  the  events  of  history, 
the  o|)inions  of  pliiloso|)hers,  the  sentiments  of  orators 
Jind  poets,  as  well  as  the  observation  of  common  life. 


'   l)r  l\il(  V,  I'lMi.'   cI'Miir   ,111.1  I'niii.  I'liil.>s.  I'lrt'.   i>   XIV.  ami  .x\ 
'   (init.  Jiir  li,  II,  (I  i'ar.  rml.y    ;;    (() 


tl 


LAW  UI'  NATURJ::  AND  NATIONS. 


67 


are,  in  truth,  tlic  niatoriiils  out  ofwliicli  tlio  scionco  of 
uiorality  is  formed  ;  and  tlioso  wIjo  iH'<r|(>ct  tlicni  arc 
justly  chariroable  witli  a  vain  jittoni|)t  to  pliilosophizc 
witliout  regard  to  fact  and  experience.',  the  sole  foun- 
dation of  all  true  philosophy. 

If  this  were  merely  nn  objection  of  taste,  I  should 
l)e  uillinu  to  allow  that  (Irotius  has  indeed  poured 
forth  his  learninir  vvith  a  |)rofusion  which  sometimes 
rather  encund)ers  than  adorns  his  work,  and  which  is 
not  always  necessary  to  the  illustration  of  his  subject. 
Yet,  even  in  makino-  that  concession,  I  sluudd  rather 
yield  to  the  taste  of  others  than  s|)eak  from  my  own 
feeliuirs.  I  own  that  such  richiu'ss  and  splcMidor  of 
literature  have  a  powerful  charm  lor  n\v.  They  fill  my 
mind  with  an  endless  variety  of  di>liiilitlid  recollections 
and  associations.  They  relieve  the  iinderstaudin^r  in 
its  proixress  throudi  a  vast  science,  bv  caljinii-  up  the 
memory  of  oreat  men  and  of  interestinu  events,  liy 
this  means  we  s<'e  the  truths  of  moralitv  «'lothed  with 
all  the  elocjuence  (not  that  could  h(>  produced  by  the 
powers  of  one  man,  but)  that  coidd  be  bestowed  on 
them  by  the  collective  i,feni\is  of  th(>  world.  Rven 
virtue  and  wisdom  themselves  ac(|uire  new  majesty  in 
my  eyes,  when  I  thus  see  all  the  oreat  nuisters  of 
thinking  and  writing-  called  toiiether,  as  it  were,  from 
all  times  and  countries,  to  do  them  homage  and  to 
appear  in  their  train. 

IJiit  this  is  no   place  for  discussions  of  taste,   and  \ 
am  very  ready  to  own    that    mine    may  be  connpled. 
rh(>  work  of  (irotius  is  liable  to  a  more  sc-rious  objec- 
tion, though  I  do  not  recollect  that  it  has  ever  been 

M 


6l!!l 


OlSCOCKSi;  ON  TIIL  STUDY  OF  Till: 


iuiul<;.'  His  luctliod  is  iiiroiiveiiicMit  and  iinsciontific. 
Il(»  liJis  inverted  llie  natninl  order.  Tluit  natnral 
order  nndonl>t(>dly  dictates,  tliat  wo  slionid  lirst  searcli 
(or  tlie  original  |>rin(i|)les  of  the  scieneo  in  hnnian 
natnre;  then  a|)|»l\  them  tt>  the  r(>«inlation  oftlie  con- 
(hul  (>r  in(hvi(huds,  and  lastly,  employ  them  lor  tlio 
decision  of  those  diliicnlt  and  complicated  qnestions 
that  arise  with  respect  to  the  intercourse  of  nations. 
IJnt  (irotins  has  chosen  \\\o  reverse  of  tliis  metliod. 
\\v  heiiins  with  the  consideration  ol"  tlu;  states  of 
peace  and  war,  and  he  examines  original  princi|)les 
only  occasionally  and  incidentally  as  they  <frow  out  ot" 
tin'  (piestions  which  he  is  calk'd  upon  to  decide.  It  is 
a  iiecessar\  conse(|nence  ol"  this  disorderly  method, 
which  exiiihits  the  elements  ol"  the  science  in  the  form 
ol"  scattered  diirressions,  that  he  seldom  employs  sulii- 
cient  discussion  <»n  these  rmidamental  truths,  and 
never  in  the  place  where  such  a  discussion  wcjuld  be 
most  uistructive  to  the  reader. 

This  ilelet't  in  the  |>lan  ol"  (irotiuswas  j)ercei\ed, 
and  snppliejl  h\  Pnli'endorll",  who  restored  natural  law 
to  that  sii|>eriorit\  which  l>elonu<'d  to  it,  and  with 
^reat  propriety  treiited  the  law  ol"  nations  as  oidy  one 
mam  hraiieh  ol'llie  jtarent  stock.  Without  the  jfenius 
ol'  his  master,  and  with  very  inferior  learninu,  he  lias 
yet  treated  this  suhj<ct  with  sound  sense,  with  clear 
method,  with  extensive  and  accurate  knowhidjie,  and 
with  a  copiousness  of  detail  sometimes  inrl  'ed  tedious, 


Th 


li|ii  hull  ll^illll-l    iIm'   llirll|( 


if  (  ilullll-    i-    -liltl'd 


ll>     li  .llllrcl     \Mi|l,    Mil   "  Till      lll~li 
>r   (  ilnlin 


l'\     nl     till 


1. 


ll'    .\llli 


.Mr.  W  A  HI),  ill 
lie  liirc  ihi    tunc 


IS."    ll|iili;;li  .11  till'  liiiii     III'   wiitiiifi   lliii    I  •iscmiii^u  I  Jlilcl    lurgiilttll 
tll.'ll  |iil.s>i\j;i    .il' jii.s  \\i,\U.  —  (Sill,   1,1  III,   ihinl  iilihoii.) 


\..\W  OV  N ATI  RF.  AND  NATION'S. 


59 


but  silvvnys  instructivo  iind  .satisfactory.'  His  work 
will  always  be  stiuliod  by  tlios(>  wbo  spare  no  labor  to 
acquire  a  deep  knowledoe  of  the  subject ;  but  it  will, 
now,  I  fear,  be  oftener  found  on  the  shelf  than  on  the 
desk  of  the  jreiieral  student.  In  the  time  of  Mr. 
[iocke  it  was  considered  as  the  manual  of  those  who 
were  intended  for  active  life  ;  but  in  the  present  age 
1  believe  that  men  of  business  are  too  much  occupied, 
men  of  letters  are  too  fastidious,  and  men  of  the  world 
too  indolent,  for  the  study  or  even  the  perusal  of  such 
works.  Far  be  it  from  me  to  (lero<rjite  from  the  real 
find  jxi'oat  merit  of  so  useful  a  writer  as  Putfendortf. 
J  lis  treatise  is  a  mine  in  which  all  his  successors  must 
dij?.  1  only  pn^sunn^  to  suirijest,  that  a  book  so  j)ro1ix, 
and  so  utterly  void  of  all  the  attractif)ns  of  composi- 
tion, is  likely  to  rep(>l  niiiny  readers  wbo  are  interested, 
and  who  miuht  Ix;  disposcnl  to  acquire  some  knowledf^e 
of  the  principles  of  public  law. 

Many  oIIkm'  circumstances  mijibt  be  mentioned, 
which  conspire  to  prove  that  neither  of  the  «^|-eat  works 
of  which  I  have  sjmkcn.  has  superseded  the  necessity 
of  a  new  att(Mnj)t  to  lay  before  the  public  a  system 
of  the  Law  of  Nations.  The  liminiaij!;e  of  science  is 
so  completely  chanired  since  both  these  works  were 
written,  that  any  writer  who  should  now  enq)loy  their 
terms  in  his  moral  reasouinos,  would  be  almost  unin- 
1eHioil)|o  to  some  of  his  liearers  or  readers;  and  to 
some  amon^  th(Mn  too  who  are  neither  ill  (jualitied  nor 


'  I  Mtii  nut  iiidiii'i'd  to  rrliNict  this  iuiriiMiii(l:itiuii  l>\  the  jiiiMt  aiilliority 
(\(ii  111"  l.v.iiiM  1/.  Iiiinsclf,  wild,  ill  niii  111'  liis  iiK  oiii|)!iriilili'  IcrtiTS,  culls 
I'litlciulnrlV  "  Vir  pnrinn  jiirifiorsiiltiis  rl  minimi'  /ihilnsn/ilnis.  '  ' 

Ml    \  li;i{|  l;i\v\  rr  mill  :i  « di-ic'  |iliiln-ii|i|iri, 


(iO 


i)i.-«i»i  i!si:  ON  Tin;  sti  l»^  (ir  riir. 


ill  disported  to  .''tudy  fiicIi  siiltjcH'ts  w  ilh  c-oiisidonihlo 
iidviMitJi«i<'  to  tlu'iiisolvcs.  Tli(>  Iciirnrd,  indeed,  well 
know  how  little  no\elt\  or  variety  is  to  he  louiul  in 
scientille  (lis|Mites.  The  same  tiiiths  and  tlu>  sanu; 
errors  have  Ix^en  repeated  from  a^'e  to  n<i<>,  with  little 
variation  hut  in  the  laiitiujiac ;  and  novelty  ol"  e.\|)res- 
sion  is  often  mistaken  hy  the  ignorant  lor  sid)stantial 
discovery.  l'erha])s.  too,  \vr\  nearly  the  same  |)ortion 
of  genius  and  |ii(luinent  has  Ixen  exerted  in  most  ol' 
the  various  forms  under  which  seieiiee  has  heeii  enlti- 
vated  at  dill'erent  j)eri(jds  of  histor\ .  It  is  not  improh- 
ahle  that  nmch  of  the  superiority  of  those  writers  who 
contiime  to  he  read,  often  consists  in  taste,  in  pru- 
dence, in  a  hap|»y  choice  of  suhject,  in  a  favorajjio 
moment,  in  an  agreeahle  st\i<',  in  the  li'ood  fortune  of 
a  prevalent  lannuaac,  or  in  other  advantages  which 
are  either  accidental,  or  the  result  nither  of  the  sec- 
ondary than  of  the  hiiihest  laculties  of  the  mind.  IJut 
thes(^  rellectiou.^ .  while  ijiey  moderate  the  pride  of  in- 
vention, and  disjxl  the  extraNauant  conceit  of  superior 
illummation,  \et  M'r\»'  to  prove  the  us(>,  and  indeed 
the  necessity,  of  com|)osinu-,  trom  time  to  tinu',  new 
systems  of  scieuc*;  adapt<'d  to  the  opinions  aiid  lan- 
guaiic  of  each  >uc<  i'e(linL»'  period.  Ilvcrv  a<i(;  must 
he  taught  in  its  own  laniiuaue.  If  a  man  were  now 
to  hegin  a  discourse  on  ethics  with  an  account  (sf  the 
''■  tnural  entities"  of  PiitiindorJi",'  Ik^  would  s|H>ak  an 
uidvuown  toniiuf^. 


o 
ni 

it 


'  I  ill)  lint  iiu'.'in  In  ini]irM(  ll  llir  si  illlnllii'SS  iil'  Mil  \  |iMrl  iil'  l'ilt!rlli|nrll"s  rcil- 
snniiii;,  roiiiiili'd  (III  imiiul  riititiis.  it  ni;iv  lir  i'\|iLiiiii  il  iii  .1  iii<iiiiirr  1  uiisist- 
oit  will  till' most  jiist  |)liilrisii|)|iy  llr>  iisiil,  ,is  1  \  I  r\  \v  ntir  iiiiisl  dn,  tin' 
scifiititii'  hnaiKijjt'  lit'  hi- "W  11  ll I    miK   .-i-s..]!,  ih.ii    t,>    ihci.-r    ulio   .•irr 


nil 
<iiii 


LAW  or  NATLKC  AND  NATIONS, 


Ul 


It  is  not,  howovor,  iilone  us  ;i  more  trfinslntioii  of 
former  writers  into  modern  lunoiijiir<',  that  a  new 
system  of  public  law  seems  likely  to  be  useful.  Tbc 
a<;e  in  which  wc  live,  possesses  many  advantaires, 
which  are  peculiarly  favorable  to  such  ati  undertakinir. 
Since  the  composition  of  the  great  works  of  Cirotius 
and  Purt'endorlf,  a  more  modest,  sim])le,  and  intelli^ri- 
blc  j)hilosophy  has  been  introduced  into  the  schools ; 
which  has,  indeed,  been  grossly  abused  by  sophists, 
but  which,  from  the  time  of  Locke,  has  been  cultiva- 
ted and  improved  by  a  succession  of  disciples  worthy 
of  their  illustrious  master.  >Ve  are  thus  enabled  to 
discuss  with  precision,  and  to  e.\j)lain  with  clearness, 
the  })rinciples  of  th(^  science  of  human  nature,  which 
arc  in  themselves  on  a  level  with  the  caj)acity  of  every 
man  of  frood  sense,  and  which  oidy  appeared  to  be 
abstruse  from  the  un])rofitable  subtleties  with  which 
they  were  loadcnl,  and  the  l>arl)iirous  jiu^ijon  in  which 
they  were  expressed.  'I'lie  deepest  doctrines  of  mo- 
rality, have,  since  that  time,  been  treated  in  the  per- 
spicuous style,  and  (>ven  with  some  detrree  of  tie 
beauty  and  ('loquence,  of  the  ancient  moralists.  That 
|)hilosophy,  on  which  are  founded  the  principles  of 
our  duty,  if  it  has  not  become  more  certain  (for 
morality  admits  no  discoveries),  is  cenainiy  less 
*'  harsh  and  crabbed,"  less  obscure  and  hau«,dity  in 
its  lanijruage,  less  forbidding  and  disgusting  in  its 
apj)earance,  than  in  the  days  of  our  anc(>stors.  If 
learning,  in  this  j)rogress  towards  j)opularity,  has  en- 


iiii.ii'(|M;iiiiti>(l  with  iinciciit  systems,  lii>  iiliilcisiipliii  ;il  viii'aliiil.iry  is  (ilisolclt 
•iiiil  nniiiti'lli<;ilili<. 


Cfi 


DISCOI'RSE  <>\  TIFi:  STIDV  OF  TIIK 


jiondorrd  (as  we  iniHt  own  tliat  it  has)  a  iniiltitudo  of 
su|)orli(;ial  and  ni(»st  niiscliicvoiis  sciolists,  tlio  antidot(3 
ninst  conio  Ironi  ilic  same  (|iiart('r  with  the  <hscaso. 
P()|)nlar  reason  can  alone  correct  popular  sophistry. 

JN'or  is  this  the  onl\  ad\antaL!<'  which  a  writer  of 
the  |)resent  aufe  would  possess  over  the  celehrated 
jin-ists  of  the  last  century.  Since  that  time,  vast  addi- 
tions have  heen  nnuh-  to  the  stock  of  our  knowled<fo 
of  human  natur<\  Many  dark  periods  of  history  liave 
since  heen  explored.  Many  reunions  of  the  i![loh(% 
iiitherto  unknown.  Iia\e  heen  visited  and  descrihed 
hv  travellers  and  navigators,  not  less  intelliiicnt  than 
intrepid.  We  niav  he  said  to  stand  at  the  cojdluence 
of  the  iiTeat<'st  innnher  of  streams  of  knowledj^e,  How- 
iiiijf  from  the  most  distant  sources,  that  ever  mot  at 
one  point.  We  are  not  confined,  as  the  learned  of 
the  last  aL^e  (renerallv  were,  to  the  liistory  ot  tlioso 
renowned  nations  who  are  our  masters  in  literatiir(>. 
We  can  hrinii  hefore  us  man  in  !i  lower  and  more 
ahject  condition  than  aii\  in  whicli  he  was  ever  seen 
hefore.  I'he  records,  hav<'.  in  part,  heen  opeiUMl  to 
us  of  tlios<['  nniihtv  empires  of  Asia,'  where  the  hei»in- 


'  I  I  ;i  II II  III  |in'\  uil  111!  iin  -1  ir  In  |i,i~<  dvir  this  siilijcrt  \s  it  In  ml  piu  in;;  iiiv 
liiiiiil)li  Iriliiili  li.  llic  iiiciiiMr\  (■!'  >ir  \\  .  .Imii's,  wliu  li;i,.  lalinrcil  •<)  micit-:,- 
t'lilh  ill  (tiiiiiiil  lilrr.iliiri  ,  \\  liosr  llnr  ^iiiiiis,  pure  Iii^Ic,  iiiiwciricd  iinliis- 
Irv,  iiiirix  iillril  ,111(1  riliiin^i  proiliiiiipiis  \.Mirl\  cif  ,M(|iiirriiiriils,  iiiiisl  iiispiri' 
:ill  \\  lin  |iM  I'  ur  iiillualr  litters,  \silli  iiiliiiiiMlniri  anil  reverence.  Tin' 
lileaslire  W  Itll  wliicli  \M  iiinleiii|i|;,te  >uell  e\traiinllliar\  i|lialitie-i,  is  elieeUeil 
lis  the  rieiilleciiDii  dl"  tin  rei  eiil  iiinl  ]ireniatiire  death  nftliat  ^'reat  man, 
who  wa-i  iiiil  iimre  i|istiiii;iii-hiil  In  lii<  liiniiis  ami  liarnirm  than  l)\  his  ami- 
able ilispusitinns  ami  -|ii.|lc^-  piirit\    .>l'   lil'r. 

[  Impe  I  shall  lie  panlnlieil  il'  I  a-lil  m\  a|i|ilaii'^e  In  the  peiiiiis  and  learn- 
ing'nf  Mr.  .Maiiriee,  \\  hn  treaiK  in  t  he  -ie|)s  rit"  his  illiislriiiiis  iVierid  ;  ami 
wliii  has  hrwailed  his  death  in  i  strain  of  jjonninr  and  hranlif'nl  pnetrv.  mit 
iiiiwnrlliN  lit' hajipier  |irrinds  nt' our  I'.ii^li^h    liter.itiiro. 


Ill 


I 


LAW    Ol    iNATLRL  A.ND  NATlO\.S. 


(>:) 


iiiiijrs  of  civilizjition  arc  lost  in  the  darkness  of  an 
uiifathoniablo  anti(|uitv.  Wo  can  make  linnian  society 
pass  in  review  before  our  mind,  from  tlie  brutal  and 
helpless  barbarism  of  Terra  del  Fucoo,  and  the  mild' 
and  voluptuous  savages  of  Otaheiti; ;  to  the  tame,  but 
ancient  and  immovable  civilization  of  China,  which 
bestows  its  own  arts  on  every  successive  race  of  con- 
(juerors ;  to  the  meek  and  servile  natives  of  Uindos- 
tan,  who  |)reserve  their  in^emiity,  their  skill  and  their 
science,  throu»fh  a  lojiir  series  of  a<.res,  und(>r  the  voke 
of  fore i Jill  tyrants;  to  the  jj;ross  and  incorri<iible  rude- 
ness of  the  Ottomans,  inca})abl(;  of  improvement,  and 
e\tintiuishin<r  th(.'  remains  of  civilization  amon^  their 
unhappy  subjects,  once  th(>  most  in<«;enious  nations  of 
the  earth.  We  can  examine  almost  every  imaginable 
variety  in  the  character,  manners,  o|)inious,  feelinirs, 
prejudices,  and  institutions  of  mankind,  h\U)  which 
they  can  l)e  thrown,  either  by  the  rudeness  of  barba- 
rism, or  by  the  capricious  corruptions  of  relineineiit, 
or  by  those  innumerable  condjinations  of  circum- 
stances, which,  both  in  these  opposite  conditions  and 
in  all  the  intermediate  staucs  between  them,  influence 
or  direct  the  course  of  human  alVairs.  History,  if  1 
may  be  allowed  the  exjjression,  is  now  a  vast  museum, 


'  TIlc  OlilliritrMlls  w  ill  |ii'iili,ilil\  llnl  III'  lliiill^fllf  to  ilr^rfM'  citliir  tn  lie 
|ir:iiMil  tor  tlnir  iiiililiii'ss  iir  ciix  iid  tiir  their  liii|)]iiiii'ss,  iil'tcr  the  ititcr(<ling 
accdiiin  (if  llii'ir  cliMriirlrr  iiiiil  sitiiMliiin,  wliirli  li;is  hi  in  iiitcly  hiid  hrliiro 
till'  pnlilii'  ill  "Till'  .Mi^-ioN\Ki  \iHM,i:  ;"  an  aciciiinl  wliiili  has  llir 
stnni^ii'st  iniirks  of  iici'iiratv  am!  anlhcnliiity,  and  \vliich,  as  it  was  liirivcd 
iVom  inliinalr  inti'iTdiirsc,  innsi  far  nnlui'ijrji  the  liasix  and  sii]ii'rli<ial  olisir- 
\allons  III"  |)ani'<r\risls,  \\  iin  ajlmsril  ihrlllsidvrs  no  Slllliriilit  tilllr  citimr  In 
jiain  Mccu-atr  inforiiKition,  or  to  lot  thr  lirr-t  riilliiisiasin,  rxi'ilrd  h_v  novrlty, 
siih.sidf. 


lit 


iiiscoi  i!sr.  (».\  iiir.  !^ri  u\  <>r  Tim 


III  wliK'li  s|)((iiiu'iis  (>(■  every  variety  of  liiiinan  nature 
iiiMV  lie  studied.  Iroiii  these  yreut  accessions  \o 
kii<)\vl«'d;je,  lawgivers  and  statesmen,  l>ut,  above  all, 
moralists  and  political  pliilosojiliers,  may  deriv*'  \hv 
most  important  instructions.  They  may  plainly  dis- 
cover, in  all  tile  iiselul  and  heantil'ul  variety  of  •gov- 
ernments and  institutions,  and  under  all  the  fantastic 
multitude  ol"  usai:<>  and  rit(>s  which  have  prevailed 
amoni:  iiieii.  the  same  I'lindameiital,  com|)reliensiv(; 
truths,  the  sacred  master  j)rinci|)l<s  uhich  are  the 
•guardians  of  human  society,  re<'oniiised  and  rinered 
(\vitli  lew  and  slight  e\ce|)tions)  l)\  e\<'r\'  nation  upon 
earth,  and  uiiironiily  tiiiiiiht  (with  exceptions  still 
lewer)  h\  a  succession  ol"  wise  men  I'rom  the  first 
dawn  of  s|)eculation  to  tin-  present  moment.  The 
exceptions,  few  as  the\  are.  will,  on  more  rellection, 
he  iJniiid  rather  apparent  than  real.  .\a\,  if  we  cfHild 
rai>e  ourselves  to  that  heiL''ht  from  which  we  oiiiiht  to 
siirvcN  so  \ast  a  suhject,  these  <v\ceptions  would  alto- 
•fether  vanish;  the  hnitality  of  a  handful  of  sava»ies 
would  disa|)pear  in  the  immense  pros|)ect  of  human 
nature,  and  th<'  murmurs  ot'  a  few  lic(Mitious  sophists 
would  not  ascend  to  hreak  the  *ieiieral  harmony. 
This  consent  of  mankind  in  first  principles,  and  this 
<>n(lless  variet)  in  their  application,  which  is  one 
anions  maiiv    \iilual)le  truths   which   we    ma\'  collect 


from 


our    j  '-eseiit    extensive    ac(|iiaintance    wi 


th    tl 


10 


history  of  man.  is  itself  of  traiisceiuhiit  imj)ortance. 
Much  of  the  ma|e.-t\  and  autlioril\  of  \irtue  is  derived 
from  that  consi  nf.  and  almost  the  whole  of  practical 
wisdom  is  founded  on  that  \ariety. 


LAW  OF  iNATLlU:  AiNU  NA'l'lONrt. 


ih'i 


VVIiiit  tbrinor  ii<fo  could  hiivc  siippliod  tiicts  tbrsiicli 
a  work  as  that  ot"  .MoiitcscniicMi  ?  lit.'  in(l«M'(l  lias  Ueeii 
(•.liartr(!(l,  and  it  may  he  justly,  vith  ahiisiii<r  this  advaii- 
taijfc,  hy  iiuliscriiniiiatc'ly  adoptinir  the  narratives  of 
travellers,  without  duly  estiniatiii;.'  their  accuracy  and 
veracity.  IJut  if  W(!  reluctantly  confess  the  justness 
of  this  ohj<;ction  ;  if  we  are  compelled  to  own  that  ho 
exaifjj;erates  tin;  iriHuence  of  climate,  that  hv  ascrihcs 
too  nnuh  to  tin*  foresight  and  forming  skill  of  legisla- 
tors, and  far  too  little;  to  time  and  circumstauccs,  in 
the  ijrowth  of  political  constitutions  ;  that  the  suhstau- 
tial  character  and  essential  dillerences  of  <rovernments 
are  often  lost  and  confounded  in  his  technical  lan- 
ifuajjfe  and  arranii;ement :  that  he  often  hends  the  free 
and  irreirular  outline  of  nature  to  the  imposin<f  hut 
fallacious  «,feonu>trical  rej^ularity  of  system  ;  that  he 
has  chosen  a  style  of  allected  al)i-u[)tness,  sententious- 
noss,  and  vivacity,  ill  suited  to  the  j^ravity  of  his  suh- 
ject :  idter  all  these  concessions  (for  his  fame  is  large 
enou*i;li  to  spare  many  concessions),  the  s|)irit  of  laws 
will  still  remain,  not  only  one  of  the  most  solid  and 
durahle  inomunents  of  the  powers  of  the  human  mind, 
hut  a  strikintf  evidence  of  the  inestimahic  advantaji;es 
which  political  philosophy  may  receive  from  a  wide 
survey  of  all  the  various  conditions  of  human  society. 

In  the  present  century,  a  slow  and  silent,  hut  very 
real  mitiLnition  has  taken  place  in  the  practice  of  war; 
niid  in  proportion  as  that  mitigated  i)ractice  has  re- 
ceived the  sanction  of  time,  it  is  raised  from  the  raidv 
of  mer*;  usaiic,  and  lK>comes  part  of  the  law  of  nations. 
Whoever  will  com[)are  our  present  modes  of  warfare 
I 


()() 


Disjcouijsi:  ON  Tin:  stidv  ur  Tnr, 


witli  tlio  system  of  (Jrotiiis,'  will  cloarly  discern  the 
iininense  iini)roveineiits  which  luive  been  made  in  that 
respect  since  the  j)nhhcation  of  liis  work,  (hirinir  a 
period,  jx-rhaps  in  every  ])oint  of  view,  the  haj)piest 
to  be  flnnul  in  the  iiistory  of  tiie  world.  In  the  same 
j)eriod,  many  important  points  of  pnhlic  law  have  been 
the  subj(^ct  of  contest,  both  by  ar^nnm-nt  and  by  arms, 
of  which  we  iind  either  no  mention,  or  very  ob;  cure 
traces,  in  the  iiistory  of  precdinsjj  times. 

There  are  other  circnmstances  to  which  I  alhide 
with  hesitation  and  relnctanc(\  thon^h  it  nmst  be 
owned  that  thev  alford  to  a  writer  of  this  ai:;c  some 
degree  of  uidortunate  and  de|)lo,able  advanta<xe  over 
his  j)redecessors.  More  important  and  terrible  in- 
strnction  has  of  late  been  condensed  within  the  short 
compass  of  a  tew  years,  than  in  the  nsual  conrse  of 
hnnian  all'airs  is  scattered  over  the  history  of  many 
aijcs.  M(Mi's  wit,  shar|)ened  b\  their  passions,  lias 
peiutrated  to  the  bottom  oi  almost  all  political  (pies- 
tions.  I'nfortnnately  for  mankind,  even  the  fnnda- 
mental  rnles  of  morality  themselves,  have,  for  the  first 
time,  become  the  snbject  of  doubt  and  discnssion.  I 
shall  consid(^r  it  as  my  duty  to  abstain  from  all  mention 
of  th(>se  awful  events,  and  of  these  tiital  controversies. 
But  incurious  ami  indocile  indeed  nmst  be  the  mind 
of  that  niai)  who  has  eitli-r  ov<'rl(K)ked  all  these  things, 
or  reaped  no  instruction  from  the  contemplation  of 
them. 

From  the    fore<r()ii)(r  reflections,   it  aj)pears,    that. 


'    Ks|i"(iiilly  lliiisi'   (liiii.lrr.J    of  IIk;    tliiid    iid.ik,  ciititlid,    Tt  iiipi  ill  lilt  ntli  III 
riirii  (iipliriis,^  \i  .  \i  . 

(I)    Moil    l.ltlnli  III  |i  ■;  inl   1.1    IHI^olM  |,, 


LAW  OF  NAT!  Ill;  AM)  INATlONri. 


67 


tliat, 


since  tlic  coinj>osition  ottliosc  two  tricnt  works  on  the 
J.jiw  of  Nature  and  Nations,  wliirh  continue  to  he  the 
chissical  and  f^tandard  works  on  tliat  suhject,  we  have 
gained  l)otii  more  convenient  instruments  of  reasoninir 
and  more  extensive  nnilcrials  lor  science;  that  the 
code  of  war  has  heen  enlariroci  and  imj>roved;  that 
new  questions  have  been  j)ructically  decided;  and  that 
new  controversies  liave  arisen  rcL'^anhno;  the  inter- 
course of  iiulcjxvnfh^it  statcNs  and  the  first  |)rincii)les 
of  morality  aixl  civii  governmeiit. 

Some  reathrs,  may,  liowever,  tiiink  that  in  tlie 
course  of  tii(>  observations  which  1  am  olferino-,  to  ex- 
cuse the  ))iesum|)tio!i  of  my  own  attemj)t,  I  have 
omitted  the  mention  of  later  writers,  to  whom  some 
part  of  my  remarks  is  not  justly  applicable.  Ikit,  per- 
haps, after  farther  consi«!eration,  I  shall  stand  acf|uilted 
in  the  judiiment  of  such  readers.  \\  rit<>rs  on  })articu- 
iar  (juestions  of  public  law,  are  not  within  the  scope 
of  my  obs<>rvatioiis.  TIkv  have  tiirnished  the  most 
valuable  inat<>rials ;  but  I  am  speakiuij:  only  of  a  sys- 
tem. To  the  larL'o  work  of  Wolilius,  tlu^  observations 
which  I  have  madi?  on  Pull'cndorlf,  as  a  book  lor  i^en- 
eral  use,  will  ap|)ly  with  t<wil<)ltl  l(>rce.  His  abri<lif(M-, 
Vattel,  deserves,  indcrd.  considerable  jjraiso.  Il<^  is 
a  very  inj^enious,  clear,  elenant,  and  useliil  writer. 
lint  he  only  considers  one  part  of  tliis  evtensive  sub- 
ject, namelv,  the  law  of  nations  strictly  so  called  ;  and 
I  cannot  help  thinkinti;,  that,  even  in  this  d(>i(artment 
of  tin;  science,  he  has  adopted  some  doubtful  and  dan- 
i^erous  principles,'  Jiot  to  mention  his  constant  deii- 


'    1  \v:is  iiiiwiHini;  In  liiivi^  t'\|irr>~('(l  iimi-c  ^iiMiiijIv  i>r  ■■(iiiliilcnily  i>u  <lis- 
.•i|>|ii-iili;i|iiin  <>r '^iiiiif    |iai-H  111'  \';illil  ;   limii'ili    I    inijiln    li.ivi'    |Ms<i(li'c|   niiirc 


68 


Disrorusr.  on  tiik  stidy  of  tiii: 


ciency  in  tlmt  fiilnoss  of  oxninpln  and  illnstnition, 
which  Ko  nuicli  onilu'lhshrs  and  strciii^'thons  reason. 
It  is  liardly  nocessary  to  lake  any  notice  of  the  text- 
book of  Heineccins,  tlie  best  writer  of  elementary 
books,  with  whom  I  am  ae<|nainted  on  any  snbject. 
Burhnna«|ui  is  an  anthor  of  snperior  merit:  hnt  ho 
conlines  liimseH' too  much  to  the  ireneral  principles  of 
morality  and  politics,  to  r(>(|nire  much  observation 
from  me  in  this  phice.  The  snmr  r<^ason  will  excnso 
me  for  j)assin!j^  over,  in  sileitc(>,  tlu^  works  of  many 
j)hilosophcrs  and  moralists,  to  whom,  in  tlu^  course  of 
my  pro[)oscd  lectures.  I  shall  ow(^  and  confess  the 
greatest  oblij^ations :  jind  it  mi«jhl.  j)erha|)s,  make  it 
unnecessary  ior  me  to  speak  of  the  work  of  Dr.  Paley, 
if  I  were  not  anxious  to  avail  myself  of  this  |nd)lic 
opportunity  of  professini;  mv  <rratitu<le  for  the  instruc- 
tion and  pleasun^  which  I  have  received  from  that 
excellent  writer,  who  possesses,  in  so  eminent  a  de- 
«jfrce,  those  invaluable  <|ualities  of  a  moralist,  <rood 
sense,  caution,  sol)ri(>ty  :  and  perpetujd  refer(>nce  to 
that  excellence  which  is  attainable  in  public  institu- 
tions, and  to  that  vutue  which  is  |)racticable  in  human 
life  ;  who.  because  his  tast(>  and  his  mod(>stv  have  le<l 
him  to  disdain  the  osteiitatioii  of  uoveltv,  has,  |)erhaps, 
lost  some  part  of  that  reputation  for  orii;iuality,";  to 
wliich  Ik;  is  justly  eiititN'd.  and  which  he  mii,dit  so 
easily  have  accpiind,  if,  instead  of  bleiidinif  his  own 
reasoninirs  with  the  bod\  of  received  opinions,  he  had 


dccisivi'  ncnsiirr  l)\  llic  .•uilhunty  i.C  tiii'  <:ir;ilcst  I,i\v\it<  ot"  llir  in-i'sciit  iific 

Ills  |iolilii's  ari'  rmi(l:iiiiiril:illy  irrni iis  ;    liis  (|irl,Miii,iliiiiis  iiic  often  iiisijiiil 

iind  iin|)(  rtiii.iil  •■   .md  li(>  liiis  (lilli  ii  nilo  ^n;it  inisiMlo';  in    itii|iiirl;ml    prarti- 
nil  (iisiMissicins  itt'piililii'  Inw 


LAW  OF  NAT!  R)^  AND  NATIONS 


69 


Stooped  to  copy  the  arts  of  those  who  liide  the  poverty 
of  tlicir  invention  hy  extravagance,  and  disguise  the 
most  meagre  common-phiccs  in  tlie  gaudy  dress  of 
parodox. 

No  writer,  since  the  time  of  Crotius,  of  Puffendorff, 
and  of  Wolf,  has  comhined  an  investigation  of  the 
[)rinciples  of  natural  and  [luhlic  hiw,  with  a  full  ap|)li- 
cation  of  these  [)rinci])les  to  particular  cases ;  and  in 
these  circumstances,  [  trust,  it  will  not  be  deemed  ex- 
travagant presumption  in  me  t(»  hope  that  1  shall  he 
able  to  exhibit  a  view  of  this  science,  which  shall,  at 
least,  be  more  intelligible  and  attractive  to  students, 
than  the  learned  treatises  of  these  celebrated  men.  [ 
therefore,  shall  now  proceed  to  state  the  general  plan 
and  subjects  of  the  Ie«.turcs  in  which  I  am  to  make 
this  attempt. 

1.  The  being  whose  actions  the  law  of  nature  ])ro- 
fesses  to  regulate,  is  man.  The  science  of  his  duties 
must  be  founded  on  the  knowledge  of  his  nature.'  It 
is  impossible  to  approach  even  the  threshold  of  moral 
philosophy,  without  a  previous  examination  of  the 
faculties  and  habits  of  the  human  mind.  Let  no  reader 
be  repelled  from  this  examination,  by  the  odious  and 
terrible  name  of  mctaplnjsks ;  for  it  is,  in  truth,  noth- 
ing more  than  the  employment  of  good  sense,  in 
observing  our  own  thoughts,  feelings,  and  actions; 
and  when  the  facts  which  are  thus  observed,  are  ex- 
pressed as  they  ought  to  be,  in  plain  language,  it  is, 
perhai)s,  above  all  other  sciences,  most  on  a  level  widi 


'   Natiira   eniin  jiirin   rx]iliiMii<l;i   rsl    nobis,   caqiic  ah   homivis   rrpctrnihi, 
vdliird}  —  Cir.  ilr  Lff^.  lili.  i.  <'.  "t. 

( I )  I'or  I  aji)  to  rxpl.iiii  llic  iialinc  d'  law,  ami  that  iiiut^t  lie  Houplit  fur  in  llip  rotisliliiliMii 
i>r  man. 


DisroiKsi:  <iN  Till'.  s'ni>v  «»r  Tin; 


the  capacity  and  iiiforination  of  tlio  generality  of 
tliiiikinir  UKMi.  \\  licii  it  is  tliiis  expressed,  it  re(iuires 
no  |)revioiis  (juulilicution,  but  a  sound  judgment,  per- 
fectly to  couipreliciid  it  ;  and  those  who  wrap  it  up  in 
a  technical  and  mysterious  jar,uon.  always  ft\\c  us 
strong  reason  to  susj)ect  that  tli(>y  are  not  philoso])her.s 
but  im|)ostors.  Whoever  tiioroughly  niidcrstaiids  such 
a  science,  must  be  able  to  teach  it  |)lainly  to  all  men 
of  counnon  smise. 

The  proposed  course  will  therefore  open  with  a 
very  short,  and,  I  hope,  a  very  simple  and  intelligible 
account  ol"  the  |)owers  and  operations  of  the  human 
mind.  JJy  this  plain  statement  of  facts,  it  will  not  be  dif- 
ticult  to  decide  many  ceNbratcd,  though  frivolous,  and 
merely  verbal  controversies,  which  have  long  amused 
the  leisure  of  the  schools,  and  which  o\V(>  both  their 
fame  and  their  existence  to  th<'  ambiguous  obscurity 
ol  scholastic  language.  It  will,  iijr  example,  only  rc- 
(juu'e  an  apj)eal  to  everv  man's  expcM'ience,  to  prove 
that  we  often  act  purely  lr(»m  a  reuiird  to  the  hap|)i- 
ness  of  others,  and  are,  therefore,  social  beings:  and 
even  without  being  consummate  judges  of  tin;  decep- 
tion<  of  language,  we  can  detect  and  (lesj)ise  the 
sophistical  Iritler,  who  tells  us.  that,  because  we 
(\\"|)erience  a  i>ratilication  in  our  benevolent  actions, 
we  are  llierelore  exchisivelv  and  uiiil<>rmlv  selfish.  A 
(orrect  exauniiation  of  facts  will  lead  us  to  discover 
that  ijuahty  which  is  C(»inmoii  to  all  virtuous  actions, 
and  which  distmgiiishes  them  from  thos(>  which  are 
vici(»us  and  criniiiial.  Ibit  \\v  shall  see  that  it  is  neces- 
sary l<)r  man  to  b(^  governed  not  bv  his  own  transient 
and  hasty  oj>inion  iijkui  the  tendency  <»f  ev<  r\  partir- 


LAW  or  NATL'Ui;  AND  NATIONS. 


71 


ular  action,  but  by  tbosc  fixed  and  unaltorablo  rules, 
wiiicb  are  tlic  joint  result  of  tlie  iinpartiid  Jud^niient, 
the  natural  reelin<,^s,  and  the  embodied  expericnre  of 
mankind.  The  authority  of  these  rules  is,  inde(!d, 
founded  only  on  their  tendency  to  j)rom(jte  |)rivjite  and 
public  welfare;  but  the  morality  of  actions  will  a|>|)ear 
solely  to  consist  in  their  corres|)ondence  with  ujoral 
rules.  IJy  the  help  of  this  obvious  distinction  we  shall 
vindicate  a  just  theory,  which,  far  from  bein<r  modcMii, 
is,  in  fact,  as  ancient  as  philosophy  itself,  both  from 
j)lausible  objections,  and  from  the  odious  im|»utatioii' 
of  supj)orting  those  absurd  and  monstrous  s) stems 
which  have  been  built  upon  it.  lieuelicial  tendeucy 
is  the  toundation  of  moral  rules,  and  it  is  the  criterion 
by  which  we  are  to  try  those  habits  and  seutim(>iits 
which  are  the  motives  of  all  human  conduct,  liut 
neither  is  it  the  innnediate  standard,  nor  can  a  regard 
to  it  ever  be  the  principal  motive  of  action.  No  |)re- 
cept,  indcK'd,  deserves  a  i)lace  amonji"  the  rul(!S  of 
morality,  unless  its  observance  will  |)romot(!  the  hap- 
piiu?ss  of  mankind;-  aud  no  man  ou<iht  to  cultivate 
in  his  own  mind  any  dis|)osition  of  which  the  natural 
fruits  are  not  such  actions  as  conduce  to  its  own  well- 
beinfr,  and  to  that  of  his  fellow-men.  Ttility  is  doubt- 
less always  the  ultimate  test  of  lla;  soundness  of  general 
rules,  l)ut  it  can  very  rarely  be  the  direct  test  of  the 
morality  ol  single  actions.     It  is  also  tlu;  test  of  our 


lull'  iii2  niciii-i  trait  liy  Mr  (in  rii,  ciiliilril,  "  An   r.iii|iiiiy  IiiId  llio 


'ladinj;  l'riiici|)lc  i-I'llir  iii'w  S\-|riii  I'l'  Ardi'uls." 

-'   Or,  to  use  tile  l:iii;;iia;:c   of  Cii nu,   iimIcs:;   il    lir   iidaplc 

MAliNVM     II. I. AM     ^iKMIVn.M     I.IM.Iil--     IIIM^M."' 
(I)  'I'd  till'  inc'i  lAalinii  i.f  ilial  L'li.al  cniiiiiaiiniii  Inii  ,a'  111:'  iiuiii  ui  Jacc 


led  "  .\l(     ri:  t;MiA,M 


« 

i 


7i 


DlSCOURSi:  ON  Tin;  STUDY  OF  Till; 


lin!)itii!il  siMilimcnts,  but  it  can  .still  more  raroly  supply 
their  pliie«'  as  motives  to  virtue.  A  iiilv  is  moral,  of 
wliieli  tile  ohservaiiee  tiMids  to  |)ro(lue(;  ijem>ral  iiap- 
|)iness.'  An  action  is  virtuous  wliieli  accords  witli 
moral  rules;  and  a  character  is  virtuous  in  which  tiic 
natiu'ai  rreliniis  ot"  lli<'  human  jieart  are  so  moderated, 
matured,  and  improved,  as  to  produce  steady  habits  of 
virtuous  action.' 

\\  illi(»ut,  however,  dwellinii  lonir«'r  on  subjects  which 
cannot  hv  clearly  stated,  miless  th(>y  are  fully  uidohled, 
I  content  myself  with  observiuij,  that  it  shall  be  my 
object,  in  this  prehminary,  but  most  important  |)art  of 
lh<;  course,  to  lav  the  loundations  of  morality  so  deeply 
in  human  nature,  as  mav  satisly  the  coldest  in<|uirer  ; 
and.  at  the  same  time,  to  vindicate  the  paramount 
authorit\  of  the  rules  of  our  <hitv,  at  all  times,  and  in 
all  ()hices,  over  all  o[)inionsof  interest,  and  s|)eculations 
of  lM«nelit,  so  extensively,  so  universally,  and  so  invio- 
lably, as  mav  well  jiistitv  tlu;  i.n'andest  and  tlu;  most 
a|)pareiitlv  extravaiiant  "tfusions  of  moral  enthusiasm. 
If,  iiotwithstandinn  all  my  endeavors  to  deliver  these 
doctrines  with  the  utmost  simplicity,  any  of  my  auditors 
should  still  reproach  me  for  introducinir  such  abstruse; 
matters,  I  must  shelter  mvself  behind  the  authority  of 
the  wisest  of  men.       •  If  they,  (the  ancient  moralists), 


'  Wli 

II      lu 


ili'^iriilK    (ir>ll|(l\iM^     lIll'Si'    ntll'sli 


iri'li  s  l.iiilii  (iT  Niiiiir 


llidroiiglily,  will  (Id 
M  work,  w  liii  li,  iil'iir 


liiiK'li  i'i>ii>ji|i'i':iliuij,  I   lliiiiit    iii\~i  If'  mil 


linriMij  1.1  r.ill  llli:  liinsi  nrijiili;! 


|il''>ruiiiii|  llint  \\\\-~  r\ri'  ii|i|ii':ir<'il  ui]  nmr.-il  |>liilo>(i|i|i\ 


Vm 


iiii'iii  \ji'lii<    iiiliil   ,'iliurl  ijiiani  in  si    |ii'rl'i da  ,'iIi|mi'  a<l  suiiiiniiiii  |ii'r- 


iliK'Ici  iniliir.i 


r 


il'  /., 


lii> 


M>    \  llllli    l'<  lli'lIllllU  I  l-i    lli:ill   Mipillnl    M.lUllill    (Ml  III 


lltitaiiii    III   till     liiglii  "I   ill 


Bl.f. 


LAW  OF  NATLltE  AND  NATIONS. 


73 


iipply 
■al,  of 

liap- 

with 
•li  the 
rated, 
bits  of 

which 
olded, 
he  my 
i)art  ol' 
deeply 
juirer ; 
iinoimt 
and  ill 
ilations 
)  iiivio- 
(!  moist 
iisiasni. 
r  these 
nuhtors 
d)strus(! 
lority  ol" 
)rahsts), 

ll\  ,  w  ill  il" 
\liii  li,  iillrr 
irigiiHil  ;iihI 

iiiiniun  (n  r- 

lic    lugllr-l   ill 


before  they  luid  come  to  the  popular  and  received 
notions  of  virtue  and  vice,  hiid  staid  Ji  little  longer 
upon  the  in(juiry  concc'rniiig  tJw.  roots  ofaood  and  tvil, 
they  had  given,  in  my  oj)inion,  a  great  light  to  that 
which  followed  ;  and  specially  if  they  had  consulted 
with  nature,  tlujy  had  made  their  doctrines  less  prolix 
and  more  profound."  '  What  Lord  Bacon  desired  for 
the  mere  gratihcation  of  scientific  curiosity,  the  welfare 
of  mankind  now  iinperiously<h'maMds.  Shallow  systems 
of  metaj)liysics  have  givt.'ii  hirlli  to  a  [)ro«)d  of  ahomi- 
nahle  and  prslilential  paradoxes,  which  nothing  but  a 
more  ])rol()un(l  i)hiloso))hy  ean  destroy.  However  we 
may  lament  the  necessity  of  discussions  which  may 
shake  the  habitual  revireuce  of  some  men  tor  those 
rules  which  it  is  the  chief  interest  of  all  men  to  prac- 
tise, we  now  have  no  choice  left.  We  must  either 
dispute,  or  abandou  the  ground,  rndistiiiguishing  and 
umnerited  invectives  against  j)hilosopliy,  will  only 
harden  sophists  and  their  (h.-eiples  in  the  insolent  con- 
ceit, that  thev  are  in  j)ossession  of  an  undisputed 
superiority  of  reason  :  and  that  their  antagonists  have 
no  arms  to  employ  against  them,  but  those  of  j)Opular 
declamation.  I^et  us  not,  for  a  moment,  even  appear 
to  su|)pose,  that  |)hilos()pliical  truth  and  liuman  happi- 
ness arc  so  irreconcilably  at  varianc<>.  J  cannot  express 
my  own  opinion  upon  this  subject  so  well  as  in  the 
words  of  a  most  valuable,  though  generally  neglected 
writer  :  "  The  science  of  abstruse  learning,  when 
completely  attained,  is  like  Achilles's  spear,  that  healed 
the  wounds  it  had   mad(»  belore  ;  so  this  knowledjie 


'    l>a' cm,  l)i;;ii.  aiid  .\(!\.  nf  Learn.  ImnK  ii. 
.1 


74 


Dlf<tOUI{f<i:  ON  TIIL  STUDY  OF  THE 


serveH  to  repnir  tlio  diunniic  itsolfhad  occasioned,  niid 
tliis,  |)erhaj)s,  is  all  it  is  jrood  lor ;  it  casts  no  additional 
litijlit  u|)()H  the  |)atlis  of  lilc,  hut  disj)orsos  the  clouds 
with  whi<-h  it  has  uvorsju-cad  thcui  hclorc  :  it  advances 
not  the  traveller  one  step  in  his  journey,  hnt  conducts 
him  hack  ajiain  to  the  spot  I'roni  whence  he  wandered. 
Thus  the  land  of  |)hilosophy  consists  partly  of  an  open 
chainpaiirn  countrv,  passahle  by  every  connnon  under- 
standinii,  and  partly  of  a  ranif(>  of  woods,  traversable 
onlv  hv  the  speculative,  and  where  they  too  rre(|uently 
(h'liiiht  to  annise  theins<^lves.  .Sinc(^  then  we  shall  be 
obliged  to  make  incursions  into  this  latter  tract,  and 
shall  j)rohiihly  lind  it  a  reirion  ol"  obscurity,  dan<rcr, 
and  ditliculty,  it  behoves  us  to  use  our  utmost  en- 
deavors tor  enliiiliteninii  and  smoothini:'  the  way  hel'ore 
us."  '  We  shall,  liowever,  remain  in  the  Ibrest  only 
ion;:  enoiiiib  to  visit  the  tountaiiis  ol'  those  streams 
which  tlow  from  it,  and  which  water  and  fertilize  the 
cultivated  leiiion  of  morals,  to  become  ac<|uaintcd 
with  the  UHxIes  of  warfare  practised  by  its  sava«re 
inhabitants,  and  to  learn  the  mejins  of  trnardinjjf  our 
fair  and  truitlul  land  a;iainst  their  desolatinir  incur- 
sions. 1  shall  hasl<-n  trom  speculations,  to  which  I 
am  naturally,  perliajts.  hut  too  prone,  and  proceed  to 
the  more  prohtahle  considiTation  of  our  |)ractical  duty. 
II.  J'he  first  and  most  sim|>le  part  of  ethics  is  that 
which  re<rards  the  duties  of  private  men  towards  each 
other,  wIkii  they  are  eousidcred  apart  from  the  sai»c- 
tion  of  positive  laws.  I  say,  (iiuat  from  that  sanction, 
not  (iiilrcxhiil  to  it  ;   for  thoui^h  wt;  s(  pa  rate  private; 


<  iirrli-;    Li^ilit    1)1'    .\;ilurc,    liy    .\liiali:iiii    TiirKor    I'.sti  ,   \<il     i.    |iril' 

\  \  X I  i  I . 


\ 


IwWV  or  NATI-RP,  AND  NATIONS, 


75 


d,  aiul 
litioiiJil 
clouds 
viinccs 
)nducts 
ulcrod. 
n  oj)on 
undor- 
xMsable 
(liKMitly 
.hall  1k! 
ict,  and 
dan<i;(>r, 
lost  cn- 
y  1)0  lore 
est  only 
streams 
ilize  the 
Huaintcd 
?  sava^fe 
lint,^  our 
jr  incur- 
whicli  I 
[»ceed  to 
cal  duty. 
•s  is  that, 
»rds  rach 
the  sane- 
sanction, 
c  |)rivate 

\()1.    i.    prtf 


% 


from  political  duties,  lor  tlu;  sake  of  greater  clearness 
and  order  in  reasoninji,  yet  we  are  not  to  be  so  deluded 
by  this  mere  arrangement  of  convenience  as  to  sup- 
pose that  human  society  ever  has  subsisted,  or  ever 
could  subsist,  without  bein«y  |)rotected  by  irovernment 
and  bound  tojrether  by  laws.  All  these  r<>lative  duties 
of  private  life  have  been  so  coj)iously  and  beautifullv 
treated  by  the  moralists  of  anti(|uity,  that  lew  men 
will  now  choose  to  follow  them  who  are  not  actuated 
by  the  wild  and)ition  of  e(|ualling  Aristotle  in  precision, 
or  rivalling  Cicero  in  elocjuence.  They  have  been  also 
admirably  inculcated  by  modern  moralists,  among 
whom  it  would  be  gross  injustice  not  to  number  many 
of  the  })reachers  of  the  Christian  religion,  whose  pecu- 
liar character  is  that  spirit  of  universal  charity,  which 
is  the  living  princijih;  of  all  our  social  duties.  For  it 
was  long  ago  said,  with  great  truth,  by  Lord  Hacon, 
"  that  there  never  was  any  philosojdiy,  religion,  or 
other  discipliiK",  which  did  so  plainly  and  highly  exalt 
that  good  which  is  connnunicativ(\  and  depress  the 
good  which  is  j)rivate  and  particular,  as  the  Christian 
faith."  '  Indeed  the  apj)ropriat(^  ])raise  of  this  religion 
is  not  so  much,  that  it  has  taught  new  duties,  as  that 
it  breathes  a  milder  and  niore  benevolent  spirit  over 
the  whole  e\t<'nt  of  morals. 

On  a  subject  which  has  been  so  exhausted,  f  should 
naturally  have  contented  myself  with  the  most  slight 
and  general  survey,  if  some  fundamental  j)rincipl(>s 
had  not  of  late  be«'n  brought  into  (|uestion,  which,  in 
all   form(>r  times,  have  heen  deemed   too  evident  to 


'    n:i(iiil,  |)ii;ii    Mild    \il 


.r  I, 


ciini    iHHiu  II 


if' 


•> 


M» 


Drst'oLKsr,  ON  rm;  sii  i)\  oi'  Tin. 


% 


ro(|irno  tlio  support  of  ariniinciit.  iiiul  almost  too  siicrcd 
to  admit  ihv  liberty  ol  discussion.  I  thcrcroro  shall 
endeavor  to  streuiidicii  son\e  parts  ol'llie  rortilirationrt 
of  morality  which  have  hithcrlo  heeu  neglected,  only 
because  no  man  had  escr  been  hardy  enou«j;h  to  attack 
them.  Almost  all  th*'  relative  duties  of  human  life 
will  b(^  touud  more  inun(Mlial(>ly,  or  more  remotely,  to 
aris(?  out  of  the  two  ^reat  institutions  (d"  property  and 
marriau^e.  I'hey  adorn,  preserve,  and  even  constitute 
society.  I  pon  their  Lnadual  improvement  depends 
the  progressive  ci\  ili/ation  oT  mankind  :  on  them  rests 
th(^  whole  order  of  civil  life.  We  are  told  by  Horace, 
that  the  first  eHbrts  of  liiw^ivers  to  civilize  men,  con- 
sisted in  strenjjftheninii  and  reaiilatiui!;  these  institutions, 
and  fencinir  them  round  with  ri<iorous  penal  laws. 


HI''    h'"i 


Oppiil.i  i'<r|Mriiiii  iiimiirc,  i  I  poni 

.\(U  i\\i\<  fill-  i>.-(  1,  iic'ii  i|iii<  lali'c),  111  II  (juis  .uliiltir.' 

I   Si  rill,  iii    lor> 

A  celebrated  ancicMit  orator,  of  whose  poems  we 
have  but  a  few  fragments  reuuiinin<i',  has  well  described 
the  ordiT  in  which  human  society  is  irraduallv  led  to 
its  hiiilu>st  improvements  under  the  ainu'dianshij)  of 
lhos(^  laws  wliiili  .-eeure  propert\  and  re<:Mlate  mar- 
riaac. 

I'.I  \l'^s•^  >.\ni\.\-  iliM'iiil,  i\  r.iin    |ii2;i\  it 
Cnrpdra  rciii|iii;li-  ;   ct  inafTiia*  I'mididit  iirlir-i.  • 

I'ra^.  < '.  Licin.  Cah  i. 

Nothing  can  be  more  philosophical  than  the  succes- 
sion of  ideas  here  presented  bv  Calvus  :   for  it  is  onlv 


(n  And  now  tlnv  I'casc  frnni  wur;  iMrir  lnwn-i  riirlcM' 
Willi  Inriiiiilal'lf  wall-,  ami  law-  iniii|iii<  • 
'I'll  >trlkr  tlif  Ilin  r.  ami  liiulnvaj  inaa  viitli  ilri-ail. 
Anil  viiiiliiali   llii-  »aiif<l  mama!.''    Ii  d.  —  Finnr'~. 

(0'    lie  laiiiilil  ilii-ni  ili\  iiu   lavi  -.  iii-lili|ti''l  iiniiiaji  -,  ;iim1  ImiiIi   -|iai  imi-  i  iln 


r 


LAW  nr  iW'i'i  in:  and  aatiuns 


77 


iicrcMl 

sluill 

utions 

,  only 

llttiiclv 

m  lil^ 
cly,  to 
ty  ami 
istitutc 

n  rests 
loracc, 
II,  con- 
lutions, 
svs. 


iii.  111.'. 

.ms  wc 
'scril)e(l 
V  led  to 
isliij)  ol" 
\c  nuir- 


in.  (';il\i. 

'  siicrcs- 
It  is  only 


wlien  tlie  ireiu>riil  security  is  niiiiiitniiied  l»y  the  liiws, 
iu\d  when  the  order  of  doinestir  hte  is  fixed  hv  innr- 
ri5i«j;e,  tliat  iiiitioiis  emerge  IVoiu  l)iuhiirisin,  proceed 
hy  slow  d('nrre(>s  to  cidtivate  scieiic(\  to  l()iiMd  (>in|)ires, 
to  hiiild  mji<iiiiticent  cities,  and  to  cover  tiie  enrth  witli 
all  the  splendid   inoniiiueiits  of  civilized  art.     These 
two  ^reat  institutions  convert  the  seliish  as  well  as  die 
social  |)assions  of  onr  iiatnre  into  tin;  iirniest  bands  of 
a  peaceable  and  orderly  interconrse  :  thev  chan<re  tlu; 
sourc(^s  of  discord  into  |)rincij)les  of  (|uiet;  they  disci- 
pline the  most  ungovernable,  they  reline  the  grossest, 
and  they  exalt  the  most  sordid  pro|)ensities  ;  thev  be- 
come the  |)er|)etual  fountain  of  all  that  streniitheiis, 
and  preserves,  and  ad(jrns  society  ;  tli(>y  nourish  the 
individual,  and  they  perpetuate  the  race.    As  they  were 
at  first  the  sole  authors  of  all  civilization,  so  they  niiist 
for  ever  continue  its  sole  protectors.    They  alone  malv(j 
the  society  of  man  with  his  fellows  delightful,  or  secure, 
or  even  tolerable.      Kvery   argument   and   exam|)le, 
every  opinion  and  |)ractice  which  w(>akens  their  au- 
thority, tends  also  to  dissolve   the  fellowshij)   of  the 
human  race,  to  replunif(>  mm  into  that  state  of  help- 
less f(M*ocitv,  and  to  condemn  the  earth  to  that  unpro- 
ductiy(;  wildness,  from  which  they  were  both  originally 
raised,  by  the  power  of  these  sacred  })rinci|)les  ;  which 
animate  the  activity  of  exertion  and  yet  mitigate  the 
fierceness  of  contest,  which  move  every  plough  and 
feed  every  month,  an<l  r(\uulate  every  household  and 
rear  every  child  :  which  are  the  great  nourishers  and 
guardians  of  the  world.     Tli(>  eiuMiiy  of  these  prin- 
ciples is  the  enemy  of  mankind.     Around  these  insti- 
tutions all   our  social  dutie-  will  be  f(»und  at   various 


li  run 


TH 


Discol  Ksi;  ON  rill'  sTLhV  (H"  Tin: 


f 


(listaiK'cs  to  riin«ir  tlioinschcs :  souk^  more  noar,  ohvi- 
ouslv  cssciitiiil  to  tlir  ii<)0(l  onirr  of  limiiiiii  life,  otliors 
more  rcinotc.  .iikI  otuhicli  the  iKu-cssity  is  not  at  first 
view  so  apparent  ;  and  sonir  so  distant,  tliat  tluMr  ini- 
portancc  iias  Ixm'ii  sonntiinrs  doiilitcd.  tlioii*r|i  npon 
more  matnrc  considtration  tlicy  also  will  appear  to  l)0 
ontposts  and  advanced  <j:nards  of  these  two  ureat  I'linda- 
mental  |)rin(iples;  that  man  shonid  seeiirely  enjoy  and 
t'reelv  traiisnnt  the  I'lnits  of  his  lahor,  and  tliat  the 
soeietv  ot  the  se\es  slionid  he  so  wiselv  ordered  as  to 
n»ak<!  it  a  school  ot"  the  kind  allections,  and  u  Ht  nur- 
serv  lor  the  conunonwealth. 

'J'he  snhject  of  pniiirrlij  is  ot"  iireat  extent.  It  will 
he  nec.essarv  to  estahlish  the  tonndation  of  the  riiihts 
ot  ae(|nisitioii,  alienation  and  transmission,  not  in  iiii- 
airinary  contracts  or  a  j>retended  stale  ol"  natnre,  luit 
in  their  snhserviencv  to  the  snhsistence  and  well-heiiiir 
of  maidvind.  It  will  not  (»nly  he  cnrions,  hnt  nsefnl, 
to  trac{!  th(!  history  ol"  projjertv  trom  the  first  loose  and 
transient  occnpancv  of  the  sava^je,  thron<rli  all  the 
modifications  w  liicli  it  has  at  dill'erent  times  received, 
to  that  coinpreheiisiv(\  snhtle,  and  anxionsly  miniit<; 
code  ot"  pro|)erty  which  is  the  last  result  of  the  most 
refined  civilization. 

I  shall  ohserve  the  same  ord(T  in  consid(>rin«;  tlie 
society  of  the  sexes  as  it  is  re<iiilated  hv  the  institntion 
ol  marriaife.'  I  shall  endeavor  to  lay  open  those  nn- 
allerahle  principles  ol"  L'eiieral   interest  on  which  that 


'  Si'i-  ijii  lliis  siili|(r(  all  iii(iiiii|i,ir,ilili'  IVii^iiiiiiil  lit'  llif  first  linuk  of 
eiiirn  -  l'.(<p|iiiiiiiis,  \\  liii  li  i-;  Inn  Iniifr  t'lir  iiiscrlioii  Ik  re,  liiit  wliicli,  if  il  lie 
I'losily  I'VMiiiiiicil,  niiiy  ])i'rli;i|is  (lis|ii'l  the  iliiisii)ii  of  iliosi'  "cnllriiirn,  who 
li:i\('  SM  r-lriiigrly  t.'ikf'H  it  for  prniitrd,  lli;it  ('inro  \v;i"«  iiiriipniilr  ol'  exact 
reasoning 


IwWV  Ol'  NATI  Ur,  AND  NATKhNS. 


19 


\\\o 


institution  rests:  and  if  I  ontcrtnin  si  lioju!  tliiit  on  this 
subject  1  may  In;  able;  to  add  sonietliin^f  to  wiiat  our 
masters  in  morality  bavr  tau^jit  us,  1  trust  that  tlie 
leacU^r  will  bear  in  mind,  is  an  excuse  for  mv  jiresiimp- 
tion,  that  thci/  were  not  likely  to  em|»loy  inueh  ariiument 
where  they  did  not  foresee  the  j)osf*ibility  of  doubt.  I 
shall  also  consider  the  history  '  of  marriage,  and  trace 
it  throu<ih  all  the  forms  which  it  has  assumed,  Ut  that 
decent  and  ha))|)y  permanency  of  union  which  has, 
above  all  other  causes,  contributed  to  the  (|uiet  of 
society,  and  the  refinement  of  manners  in  mod<'rn 
times.  Anumtf  many  other  in(|uiries  which  this  sub- 
ject will  suiiiijest,  1  shall   be  led  more  particularly  to 


'  This   progress   is   tnK'n!    with   grciit  aci-iiracy  in  suini'  hciiilifiil  iiiiis  ol" 
I.iicri'tiiis  : 

.MiiliiT  iiiiijiinctii  viro  concessit    ii  luiiiiii, 

('ii-^tiuiMc  priviitic  N'ciicris  cc)iiiiiilii:i  lii'l;i 
('();,'riit;'    iiiii,  |)rolciii(|iit'  ex  sc  viderc  coortnin  : 

Tl>I    (iK.M  >    111   MAM    M    I' H I  M  T  M    MOI.I.KSi  Klil;   KUl'll. 

|iiicri(iiic  'irirciitiiiu 

ahiiicliliis  lii(  ilc  iiij;(iiiiiiii  iVcgirc  sii|icrhiim. 
'I'linr  it  iiiiiirlliiiiii  ni/tirinit  jiinisrrc  lialniilcs 
riliitiriia  inter  se,  nee  liedere  m  i'  vii)lare. 
I't  luieros  ((nnnii'ndirMnl  nniliclirei|Ue  srcliini 
Vocihus  et  fjestn  cum  haihe  sij^nilicarent 
Imiiki  ii.i.imi  M  l>si;   v.iiri  m  m  i-^f.m  r.u  dmmi  m.' 

I.iin-ft.  lil,    V.  1.    101(1— llfJ-J. 

(I)   Vet  wlicii,  at  li  ri!;lli,  rinlc  liiit^i  tlic>  tirst  ilcvisM, 
And  tilts,  and  iiarinenls  ;  and  in  iinieii  swcil, 
Man  wedded  wcinian,  llir  pnic  jeys  indnlu'd 
III'  rliiiste  I'oniiahiiil  liur,  anil  iliildren  rcise, 
'I'lic  iiiiii;li  liarliaiian-  >el'tin"d.     'I'lic  u  ami  in  arlli 
'J'lleir  I'laiiies  sii  inrlled  lliey  im  llliiie  iiiiiid  In  iir, 
As  iTst,  tir  niiidVi  I'd  sl<ies  ;  Ilie  iei|ilial  lied 
lliiilie  their  wild  viL'ur.  and  the  I'niid  larvs^ 
(If  iirallliiiL'  iliilchcii  IViini  llic  liii-(ini  i  lia-'d 
'I'llrll  strni,  lelciricilis  llianili'l-^.      .\riL'llh(il~  IMiW 
.l.iin'd  ill  the  iHiiiiN  ot'fiiend-lnii,  and  rcscdv'J 
'I'he  seller  sex  til  ilieri^h,  and  Iheii  billies  ; 
And  owii'd  by  p'slmcs,  siciis,  and  soiimls  iinniiilli, 
"I'was  just  the  weaklier  tii  |iinti  1 1  iVein  lianii.  — .A  .1/.  '•'i""'- 


80 


DISCOURSi:  ON  Tin:  STUDY  Ol'  Tiii; 


examine  the  natural  fetation  and  duties  of  the  feni 


sex,  tlieir  couchtion  unions  dilleicnt  nations,  its  im- 
provement in  lMiro()e,  and  the  l)()un(ls  wliich  Nature 
hcM'selt' has  j)reserihe(l  to  ti»e  progress  ol"  that  improve- 
ment; hevond  which  every  |»reten(led  advance  will  he 
a  r(><  !  (li^iiradation. 

III.  Ilavniii  estahlishcd  the  |)rlncipl«'s  of  j)rivate 
(hitv,  1  shall  ))r<)('(-e(l  to  consi<ler  man  under  tlu;  im- 
portant n-latioiis  orsuhjcct  and  so\<  rciiiii,  or,  in  other 
words,  ot  eilizcii  and  n.auistrat<'.  The  duties  which 
arise  Iroiu  llies<>  relations  I  shall  cndcaxDr  to  «'stahlish, 
not  i;|)0!i  supposcil  comi)acts,  wliich  are  altoirether 
chinicricai.  uliicli  nui.-t  he  admitted  to  he  false  in  Tact, 
wlucli  il"  ilit  \  are  t»>  he  considered  as  lictioiis,  \,dl  he 
found  t<;  ser\e  no  purpose  of  just  reasonin*:',  ;i'id  to  b*' 
e(|uall\  til"  louiidatioii  of  a  s\,-l(>!u  of  universal  desp// 
isiii  111  llnlthes.  and  of  universal  anarchv  in  liousseau; 
hut  upon  the  s(>li<|  liasis  of  li'ciuM'al  C(.iiveiiience.  iNfen 
cannot  suhsist  without  society  and  mutual  aid  ;  ihrv 
can  neither  niaintaiu  social  int  rcourse.  nor  reci  tve 
aid  lr»»i.'  eacli  other,  without  the  protection  of  iroNrrn- 
nient  :  and  tiiev  c;iiiiiut  eiijov  that  protection  without 
suhuuttiiii:  to  tin'  restraint-  v\  Inch  a  just  liovernment 
imposes.  This  phiiii  ;uiilliuent  estahhslies  the  dlltv  ol 
ohedieiice  on  the  p;irt  ot  citi/.eii.-.  and  the  diitv  of  pro- 
tection ou  that  (»!"  iiiai>i>trat<s.  on  the  same  loundation 
with  that  oi  everv  other  moral  diitv  ;  and  it  shows, 
with  siillicient  evidence,  that  these  duties  are  recipro- 
cal :  which  directlv  aiiu  liillv  answers  the  only  rational 
(•nd  for  which  the  fiction  of  a  contract  could  have  heen 
luveiHed.  I  >|i;ill  Hot  eiiciiiMher  uiv  r<'asoninL»'  hv  any 
speculations  oil  the  oriu,iii  of  liovernment  ;  a  question 


1. AW  OF  NATUUK  \SU  NATIONS. 


81 


iij)Oii  which  so  nmcii  roasoii  has  bocn  wasted  in  mod- 
ern tinios  ;  hut  wliich  tho  ancients  '  in  a  hi^^^lior  spirit 
of  philosopliy  hav   never  once  deigned  to  stir.    It" our 
principles  l)e  just,  tlic  orijfin  ol'  «roverninent  must  liave 
been  coeval  witli  that  of  mankind  ;  and  as  no  trih(;  has 
ever  yt^t  l)een  discovered  so  brutish  as  to  be  without 
some  jjjovernment,  and  yet  so  enhghtened  as  to  estal)- 
hsh  a   government   by  conunon   consent,  it  is  surely 
unnecessarv  to  employ  any  serious  argunieut  in  the 
conl'utatiou  ol'adoctriue  inconsistent  with  reason,  and 
wholly  unsup|H»rt((l   by  e.\p<'rience.      Dut  though  all 
in([uiri(>s  iuto  the  origin  ol"  goveriunent  be  chimericiil, 
yet  the  history  of  its  progress   is  anuising  and  instruc- 
tive.     The   various   stages   through   wlii<h   it   passtjd 
from  savagc'  indepench'iice,  which  implies  every  man's 
j)ower  of  iniuriiig  his  neighhor.  to  legal  libnfy,  which 
consists   in  every  iuan''s  security  nuiunst  \v  rong  ;  the 
manu<'r   in  which  a   I'auiily  expands  into  a  tribe,  and 
tribes  coalesce  into  a  naliou  ;   in  which  public  justice 
is  gradually  engrafted  on  private  revenge,  and  tempo- 
rary submission  ri|)en(Ml  iiUo  habitual  obedience:  form 
a  most    iuip<.'tant  Jind    extensive  subject   of  imiuirv, 
which  coniprelK'iids  all  the  improvements  of  nuiidund 
m  police,  in  judicature,  and  m  legislation. 


I  'I'lic  introrlnctiiiii  tn  the  first  Imok  nf  ArisKiilr"-  I'.ilitirs  is  ilii-  bfst  iU>- 
iiiolistnitinii  tif  till'  IK  rcsvily  of  |Hililic;il  s(m  ic't\  In  tllf  u  p||-h(  ill;;,  ;in(l  iri- 
,1,,,.,|  to  the  viTV  liiiiijl,  nl"  iiiMii,  Willi  wliiili  I  aiii  ;ir,|iiai iilnl  ll.ivin;,' 
-iiiiwu  the  circumstaiirr  win.  Ii  r.Miili  i  immii  mci  -Miiily  ;i  social  liciiii:,  lu! 
|usll\   (•..iiiiiiilcs,  "  Kui  ill  u.'i^r.T.i  ■ijru  t:u'u:v   f-iiv."'— ./'v'.vV.  ilr  lirp.,  lib.  i. 

'I'll,.    ..;ini.     -  Imiiic   111'  |iliiliisii|ili\   IS  ailimralily  |iiii-iic'(l    in    llir  r-lmri,  ImiI 

llivallialllr    l|;i;:inrMl   ol'   lIll'   sixlll    Imnk    .il'    I'nlslnil-,    ulllrh    .IrsiTlllls   lllr    IllS- 

lun   ami  n  \  uliil  mii-.  .il' jri,\ miin.  ill. 
^l,    \ii.l  mail  is  .il    1  iiiiliM.illy  a    i.ililp'al  luiiiu- 

K 


H>  DlSCOUUfi:  Oi\  Till.  STUDY  Ol'  TIIK 

I  have  ulnsulv  iiilimatcMl  lo  the  rcadcM"  llmt  tho  de- 
scription ol"  libiM'tv  wliicli  seems  to  me  the  most  com- 
prehensive, is  that  ol"  sfciiiili/  <i<>(iinst  uronu-.  Liherty 
is  tlierefore  the  ohj(>ct  ol"  all  iroNeniment.  j\fen  are 
mor(>  free  uiuI(M'  every  izovermiient.  even  the  most 
imperleet.  than  they  would  he  it"  it  \v«M-e  possihl(>  iitr 
them  lo  e.vist  withont  any  *i(»vernmcn1  at  all  :  they  are 
more  .>ecnre  Irom  wroiin",  itiorr  inu/lsltirhrd  in  tin  r.rcr- 
cisc  of  flit  if  mftiiidl  jiDirt/s.  and  tlinrf'orr  more  I'rcr, 
til  n  ill  the  /iiosf  obvious  onil  grossest  s<  use  of  the  irtnd, 
than  iltJH'v  were  altogether  nnprotected  a;iaiiist  injury 
from  each  other.'  Ihit  a^  aeneral  security  is  enjov«'d 
in  verv  diirereiil  de<j,rees  under  diirerent  iiovcrimu^its, 
those  which  iruard  it  most  |)errectly,  are,  hy  Wii\  of 
eminence,  called  //vr.  Such  iroNcrmueiits  attain  most 
com|)letely  the  end  which  is  connnon  to  all  govern- 
ment. \  free  con>titulioii  of"  u'ovcrnmeiit  and  a  ii<)()d 
constitution  of  iioveninient  are  therefore."  dilferenl 
e\j)ressions  for  the  s;iine  i.h  :i. 

Another  miiterial  distinction,  however,  soon  pn^sents 
itself.  In  mo-t  <i\ili/,ed  slates  llie  suhject  is  tol(>rahly 
j)rotecte(l  a^iiiii'^l  .'jross  injustice  from  his  fellows  hy 
im|)artial  laws,  which  it  \-  the  manifest  iiit(-rest  of  tiie 
sovereign  to  (Miforce.      liut  some  conuiioii\\(';iltlis  are 


I 


I  I 


iii\ '  III  \  I 


ill  iiiiiiiiiii 


|iiili  iiil'il  til  nlTir   il 
iiliiiL'  I"  m\   iiriiii  iiili 


III   III"  lili'  rl\ 


li';.'ii;il 


Il    wmijij  li.'  iMIy  111  Mllilri)il   liiiiiiiil 
(Il  linilMni-^    lA'  [ii'lili'   il  ii'Tiii-       Till    -iiii|iir  mill    iirlttiii.ij  iinhnii  ii\'  lllii  rl II  i<, 


llill 


Mi;it  111    I 


M      .lll-l'l|i 


I'rWl  r     lllliull..    Il\     lilU  irillllrlll 


il    I'     ll:iiiil         Am\     if    MUM    :ili      ri'sl i';il Mi'il   ill 

ill  lln    >iiii- 


II      ilMII      lMl'\     Wnlllil 


\l\     \  Inlill 


piiM  il    -r;ilr   i.t     IIMllll'i 


It'll 


It   lln-v   ,iri     alw  .i\ 


n  ~ll',lllll   'I      ill      |Mii|Mi|||i    M     w- 


tllfV   iiri'  llliil-i     <iTiiri'  ,    II    \\  ill   r..||.i\\  ,   lli,il   r  .  I  MlMv    ;illi|     IllirlU    lilll-l     ;ll\    ,i\^ 

.nil  nil 
iilir  nl' 


III  lt\     lll.'IV    .'llw  ll\  -     Il 


|ir:ii'ti<';ill\   ciiiiniili       lli:il  tlir  i|.  ;:i- I' 

lis  a  ti-l  1,1'  Ihr  (liMrrri-  nl'   lilii  |  l\  ,    iml    ||i;i|    I'm    ;ill   |ir.iii  ic.i  I     |ilir|ii 

IIh'M'  ui.iil:-  MKi',  <.iti>t:iiill\   111    ••uli-tltiltril  I'll'  lln'  i.ljii  r.  — .\'(.^  tn  lliinl  itl 


I-AW  OF  NATURi:  AND  NATIONS. 


WJ 


I 


SO  lin))|)y  ns  to  bo  lomi(l(?il  on  a  princi|)lc  of  mnch 
jiioR!  icIiiK'd  nnd  |n-()\  idoiit  wisdom.  Tlie  subjects  of 
such  coumioMW(  altlis  are  <iuarded  not  ojiiy  iijiaiust  the 
injustice  of  eacli  other,  but  (us  far  us  iiuinan  prudence 
can  contrive)  auainst  oppression  IVoni  the  inngislratc. 
Sucii  states,  hke  all  other  e\traor(hnary  e.\an)j)ies  ol' 
pubhc  or  ])riv;ite  <  xcellence  and  liappiness,  ure  thinly 
scattered  over  the  dilferent  aires  and  countries  of  tlie 
\V(trl(l.  i]i  them  the  power  of  the  sovereign  is  limited 
wilh  so  e.xnct  a  measure,  that  his  jirotectiuL^  autliority 
is  not  weakened.  Such  a  combination  of  skill  and 
fortinie  is  not  often  to  be  expected,  and  indeed  never 
can  arise,  but  from  the  constant  thou<di  urachnd  exer- 
Irions  of  wisdom  and  vu'tui',  1o  improve  a  long  succes- 
nion  of  most  favorable  circusustances. 

'itfhf^re  is,  iiKJeed,  scarce  any  society  so  wretched  as 
to  In  r'.  4itiite  of  some  sort  of  weak  provision  aijainst 
th<^  N'i;|,Hsti«'<>  of  their  ijovernors.  Kciijiious  institutions, 
fa\<)riti<-'  prejudices,  national  mann(  rs,  have  m  dilferenl 
countries,  with  uncijual  d(\Ln'ees  of  force,  cin'cked  or 
mtti<4ated  th<>  exercis(>  of  supreme  |)ower.  'Vlw  j)rivi- 
l(>ucs  of  a  |)f)werlid  lUihility,  of  opulent  men-antile 
.^-<>nununities.  of  <i;r(>at  judicial  corpcM'alions.  liave,  in 
A()fi\v  monarchies,  ap|»roached  more  near  to  a  control 
cHii'  iKIk'  .-•o\('rei;in.  iMeai)<  have  betMi  devisinl  with  juore 
or  l«"ss  wisdom  lo  temjM'r  fh<'  despotism  of  an  aris- 
lo<racv  M'or  tluir  subj(>cls.  and  in  democracies  to  ])ro- 
tect  fhe  minori<ty  auainst  th<'  majority,  and  the  whole 
people  ii'iainsi  CIk-  tyraii-wv  o^'  demairo!j;n(>s.  lint  in 
these  ^Mu;nixr'<4  (/)rms  of  oo\ ,  ;.unent,  as  the  riirht  of 
k'jrislafK*  ,K<  vfste<1  in  one  indi.idnal  or  in  one  order, 
if    IS  o!)vi<»f'i.-  ♦ii'K  r^K'  l<':.',i  l:'ivc   power  niav  shake  oil" 


S4 


DISrorUSE  (».\  TIIF,  STl'DY  OF  TIIK 


all  tlio  r<>i«tr!iints  wliicli  tlio  laws  have  imposod  on  it. 
All  such  oovorninciits,  tlxTcton",  tend  towards  despot- 
ism, and  llic  sccuritit's  u  liic-h  tliey  admit  against  niis- 
£Tovorinn»Mit,  arc  (WtrfMucly  Icchlc  iind  precarious. 

The  l)e<t  security  which  huuuiu  wisdom  can  devise, 
seems  to  he  the  distrihtilioii  of  |)ohtic;d  authority  inuouir 
dilier(Mit  iu(li\  iduals  and  hcxhes,  with  se])arate  iut«'rests 
and  sf>parate  ciinractf-rs,  correspondiuj;  to  the  vari(^ty 
ol"  classes  of  which  civil  society  is  composed,  each  in- 
terested to  ituard  their  own  order  from  oj)pression  hy 
the  rest :  each,  also,  iiitereste<l  to  prevent  any  of  tlui 
others  from  sei/,in»i'  on  exclusive,  and  ther<^tbre  desj)otic 
power  :  nnd  all  hin  inir  a  common  interest  to  co-o|)er- 
iitr  in  cnrryinu' on  the  ordinary  and  necessary  adminis- 
trntion  of  irov(>rnnu'nt.      It"  {horv  were  not  an  interest 
to  resist  each  othei-  in  e\tr;iordin;iry  cases,  there  would 
not    he  lihert\ .      it  there  wer(>  not    ;u\  inter(\^t  to  co- 
o|K'r;ite  in  the  ordinary  course  of  allairs,  there  could 
he  no  jTovernnient.     The  ohject  ol'  such  \vise  institu- 
tions which  make  the  selhshniss  of  liovernors  a  secu- 
rilv  aiininst  their  injustice.  i<  t(»  jwotect  men  iiuiiinst 
wronir  hotli  I'rom  their  riders  and  their  tellous.      Such 
^o\<'rnments  are.  with  justice,  peculiarK  and  emphati- 
callv  caJIfMl   ()■((  :  and   in  ascrihuiu  th;it    hl»<rt\  to   the 
skiU'nl  ('omhinntion  of  mutual  dependence  iind  nuitind 
check,  I  leel  my  (*\\\\  conviction  ^leiitly  stri'nirtJHWU'd 
hy  calluiii  to  nund,  that  in  thisctpimon  I  nffree  with  all 
the  wi<e   men   who  li;(\c  «\er  deepK    <<»u:-idere(l   the 
principles  of  polities  :  with  Aristotle  ;ind  i'ojvhius.  with 
Cicero  ;ind  Tacitus,  with  liacon  nnd   iMacluavel,  with 
Montes(juieu  and  Hum*'.'      It  is  impossihle.  in  such  a 

'    To  llif  wiijihl  111' llii-ir'  jirrnt  r.:inn'-  lit  iii>-  ;iil(l  tlin  n|)iiiinip  of  t\vr(  illiN- 
liious  mm  iit'tlif  |ii('«.in!  .(fji',  »*  bi>tli  tin  ir  o|)iiMi>iit  nii-  <  i.inliiiii'ii  liy  onr  nf 


l-AW  or  NATIMir,  AM)  NATIONS 


i-<n 


mis- 


cursory  skotch  as  tlio  proscnt,  cvoii  to  jilliidc  to  n  vory 
small  part  of  those  ])liil()so|)liicjil  |)rin(i|)l('S,  political 
roasoiiinirs,  and  historicnl  I'iicts,  wliidi  iirc  iicccssarv 
for  the  illustration  of  this  moMUMitous  suhjccl.  In  a 
full  discussion  of  it,  I  shall  br  ohiiucd  to  ('Xiiininc  th(^ 
troneral  frame  of  the  most  celebrated  jj^oveninieiits  of 
ancient  and  modern  times,  and  es|)eei!dly  of  those 
which  have  been  most  renowned  for  their  I'nM'doni. 
'J'he  result  of  such  an  {wamiiiiitioii  will  be,  thiit  in> 
institution  so  (letestabl(>  ns  an  absoliitelv  uiibiihmced 
jTovernment,  j)erhaps  ever  e\ist<>d  ;  that  lh<'  simple 
iTOvernments  ar(>  mere  creatures  of  the*  iiniiuiiiation  ol 
theorists,  who  have  transformed  names,  [\<i'(\  for  the 
convenience  of  arraniiement.  into  rcid  polities  ;  that,  as 
constitutions  of  iioveniment  approach  inure  neaih  to 
that  unmixeil  and  uncontrolled  siniplicitv,  tliev  become 
desj)otic  ;  and  as  they  recede  fartlhr  t'roiii  that  siin|)lie- 
ity,  th(>y  become  fre(\ 

f>y  the  constitutioii  of  a  state.  [  mean  "  f/ir  (xxh/  of 
those  initirn  (itul  inni-i  iitni '    I'lnnltn/intiti/  /<iifs  ir/iir/i. 


llli'ln  ill  lilt'  t'lilldwill'i  |)i/>>;i:;r  :  "Mi'  (Mr.  i'ns  )  .ilw  ii\  <  lli.iiiy;|||  ;ili\  i>|'  I  lie 
Miiijilr  uiili.'ilaiici'd  ;iii\  cniiiii  iiN  li.iil  ;  <ini|ili'  iiniinnli  \  ,  -iiii|,li'  iiri -Ioii-.-h'v 
sillljlli'  il.'ilKn  rnr\  ,  lie  lii-lil  lllctllilll  illl|M  rt'.'i  I  nr  \  irl.iii-.,  ;i  1 1  \\  i  i ,.  |,'|,|  ',^ 
rlii'iii-rl\  r<  ;  llic  (•cim|iii-.iii.iii  aliiii''  w  IK  i;m.hI.  Tlifsi'  IkhI  In  in  ahAa\-  Ins 
|iriiii  i|ili'~.  Ill  \\  Im  h  III'  a^rci'd  willi  Ins  li  IiihI,  .Mr.  Mm  kr.  '-- .1//-.  I'm  „/( 
t/ir  .Iniiij  r.-liiiiiilis,  IMli  I'l'l-    I7:mi. 

ill  s|ii'akiiiy' (if  IhiiIi  iIii'sc  illiislriuiis  im  i|,  \\  liu-r  iiaiiii'-  I  Inri'  |n||i,  ns 
llir\  will  111-  |iiiiii'il  III  laiiii'  by  jm-lirily,  wli'ii  llnii-  lriii|iiirar\  ililiii'i'iiii'M 
aii>  liiiiriitti'ii  III  till'  rri'dllci'lidil  III"  till  n  iri'liiil-  ami  llicir  li  irinUliiii,  |  iln 
mil  I'litrrtaiii  iIh'  vain  iiiia^iiialinii  llial  I  ran  ailil  In  lln  ii  iilmv  li\  .iii\  tiimir 
llial    I    can  say.      IJill  il  is  a  jrratilirali.iii  in  inc  hi  yivc   iillriaiii  i'    l<>  m\    I'l.c!- 

Ill^s;     lu     ('\|in'SS     lllc     |ll'ornllllll     Mllclallnll     Willi      wlllill    I    aill     lillril     I'lir    ill.' 

ini'imirv  111'  till!  line,  ami  llir  \\  anil  all'i'rlmn  wiiiili  I  rln  ri>li  liir  llir  nllici, 
wliniii  mi  oiii'  i'\ '  r  lii''ir<l  in  jiiiIiIh'  v\  illmm  ailniiialiini,  or  Iwn-w  in  |in\  ati' 
iili'  wiiiiiini  lux  inif. 

'   Till'  nailrr   will    oliscrxc   llial    I   insert  llii"   \\tni\,  "  iniiriiihn,     witli  a 


IHSCOI  HSK  (».\    rilK  STl  I)V  Ol'  TIM' 


irini/ttir  llir  most  imjioildnl  riiihts  of  the  /ilnhfr  t)]ai>ls- 


55 


tiiili's,  (I ml  l/ir  most  rssciifidl  jirici/f^rs  '  <)/' tlir  snhjti'ts. 
Snrli  ;i  IkmI\  (»!'  politicnl  laws,  must,  in  all  countries, 
arise  niil  ')!"  the  cliaractcr  and  silualitui  of  a  j>('o|)le  ; 
lli«'\  must  urow  willi  its  prourcss,  \\v  adapted  to  its 
|K'cidiari1i('s.  change  wifli  its  clianiies,  and  he  incorpo- 
rat»>d  iiit<!  its  jiabits.  iiuinan  wisdom  cannot  lorin 
sncli  a  constitntidn  bv  one  act.  lor  linnian  wisdom  can- 
noi  create  the  materials  of  which  it  is  composed.  'The 
attempt.  al\\a\s  ineliectnal.  to  cinino'e  hy  violence  the 
ancient  lial>it>  ot"  men,  and  the  eslahlished  order  of 
socMiN,  so  as  to  lit  them  tor  an  ahsolutelv  new  scheme 
of  <:'(»\<'riiinent.  Ilows  from  the  most  pn^snmptnous 
iLnioraiic<>.  r(M|iiires  the  support  of  th(>  most  ferocious 
i\rami\,  and  leads  to  cons(M|uences  which  its  authors 
can  iie\er  iorcsee  :  ueneralK,  indeed,  to  in>titntions 
llic  mo;t  opposite  to  those  of  which  thev  profess  to 
seek  the  e-tahlishnieiit. '  IJiit  human  wisdom,  inde- 
fatiuahh  emplo\('d  U;y  reiiiedviiiu  ahuses,  and  in  :>ei/- 
iuL'  fa\orahlr  opportunitirs  of  improvinii  that  <»rder  of 
siw  iel\  wjiirji   arises  from  cau-cs  o\('r   which  \\v  \\\\\v 


\\v\\    \u    ijlr    IJIIInrilllt     :illll     -.  llscIr-^-i    IM  V  i  U   1 1|"  I  If  i-;i'    wllii     inlil.llii     llr.'ll    i'.  rl\ 

riiiiiilr\   wliirji  |i;i  ;  iinl  ii  irrilli  ii  <  mi.-lil  iitioii ,  \ii\i^\  in-  williuiil  m  imm-i  mil  mii . 

'     I'firilt.i^  III   I'nlliail   |Uri-|)rilcli-lu-i',  lilc'!ili-i  llic  I  n  III  pi  inn  .  pI'  dili'   lli(ll\  lil- 

ll.'ll    I'loill   lll<     Mill  riltinli   III'   :l    liw  l'iililp':|l    liri  \  iji'^i '~,   III   llli'~i'll>r   ill    wiiji'll 


I  riiiiilin   till'  liTMi-',  nil  nil  ill 


rliN  111'  till'  siiliji  'I-  III"  M  IV 


IIT  ilri  I 


III  ll  111  IS. I  I 


itiiil  III  ihc    wi'll-lii'iii-'   III'  III 


|i  •■!-  Ill     M    llTl'   ^.l:ll(•,    \\  IlK'll 
I'    I'liiiiiiioli  wi'mIi  ll,  lliMt  I  lii'V 


iiiijiliil  Crniii    llii    iiriliiiir\   ili-i n  limi  nl'  tli.    iii.'i'.'istr.ili'.  Mini    ;;iiiinliMl  liv 


llu'  siiiii     riiiiil.iiiii  iil:il  I  lu  •  u  liiili  -11  iiri    III-  iiiilliiiril' 


'•'  St  •     III  ,'iiliiiir;ilil 
ll  Snlinii  Ills,  \  III 


!'•  |i;i—  iL'i'  'III  till-  .-111 


iiji-il  III  l)r 


'I'll 


ifM. 


|;i|  —  I  rj.  Ill  V  lin  ll    llir    trill-    ijiirliiiii'    III'  ii'l'iiriiiii- 


tioli 


i-  l;iii|    iliivv  n    w  It 


I    -Mi:.'iil;ir    :ilii 


lit\   la   th  ll    I'll 


ijiii'iil    iiiiil  jilii 


ii-ii|il(|r:il 


v^ritii-        Sr.'    .il-i,    \1r    ItiiiK 


I  ill    nil   n  I  iiiiiinii'.i  I  nlnriii  ;   am'  ?^ir 


Sir  M 


llitli    nil  till'  ;iiiiiiiiliii.  Ill  ..r  l;i\',-.  III  ill!'    I  iilli  rlimi   III'  iii\   lidiiii  ll  .mil  ti\<<>\ 


'\< .  Ill  ll!  I'r 


M.    II 


.'r:ivr,  |i 


M- 


J. AW  OF  NATl'Ri:  AND  NATION? 


87 


little  control,  after  the  relorms  imd  ninondinonts  of  a 
scries  of  Hfrva,  h;is,  sonietiine.«,  tlioiiiili  very  rarelv,^ 
shown  itself  ca])ul)le  of  biiildino  iip  a  free  constitution, 
which  is  "  the  lirowlii  of  linie  and  nutin-e,  rather  than 
the  work  of  human  invention.""  Such  a  constitution 
can  only  he  formed  l>y  the  wise  '\u\\U\Uon  oi' ^^  llie  great 
innovator,  ti\ii:,"  —  "which,  indeed,  imiovateth  jrreat- 
ly.  hut  (juietly,  and  hy  deii'rees  scarce  to  he  ])erceived."  ■' 
Without  descendiniT  t()  the  ])ueril(3  ostentation  of  paiie- 
jryric,  uj)on  that  of  which  all  mankind  coid"e,-s  the 
excellence,  I  may  ohsiM've,  with  truth  and  soherness, 
that  a  frc(!  <j-overnme!it  not  only  estahlishes  an  uni- 
versal security  aixainst  urouff.  hut  that  it  also  cherishes 
all  the  nohlest  [towers  of  the  human  mind  ;  that  it 
tends  to  banish  holh  the  uk  an  and  the  fer<»cious  vices; 
that   it  improves  the  national  character  to  which  it  is 


'  Pinir  (i)riiii'r  iiii  •.'iiiivcnn'diciil  inodri-i',  il  fiiiit  foiiihiiifr  Ii's  piiissanfr's, 
Ics  ri';;lt  r,  Ic-c  tiiiipi-rcr,  Ics  liiiri'  ii'fir,  iliniiicr  |i()ui-  aiii>i  ilirc  iiii  lest  ii  liiiiu 
|Miiir  hi  iiicflrc  (11  il:il  ill  ii'>i-~iir  ,i  iiiir  aiitri',  i  r>l  iiii  <  licl'-il'ii'ir.  n-  ilc  ligis- 
hilliiii  i|iic  \r  li:i/,,ir(l  I'lh  rari'iin'iit,  rt  i|iir  riirciiiciit  nii  hii>>c  tiiirc  u  lii  |irii- 
cli'iiri'.  I'll  iiniurnic'iiinil  (lis|iniii|Uf  ail  "■milrairc  siiilc  poiii-  aiiisi  dirr  aii.v 
si'ii\  ;  il  r^l  iiiiiloriiM'  |iailniii  •.  ciuiniii'  \l  iii'  I'aiil  ■|ii"  ilr-  |)a.-.-inii>  jiniir  1- 
('talilir  tdiil  |i'  iiiiiiii!''  I  <\  Imii  |iiair  ■  i  la.' — Miiiil( yi/iiii  i/^  l>i  I'  r.s/iri/  ihs  f.n/.r, 
liv.  V.  V.   II. 

-  I  (|iiii|i'  llii.<  |ia»~:ii;i'  iVmii  liisliii|i  Slii|'li\  s  liraiilil'iil  aii'nuii!  lif  the  I'.ii- 
i;li.-i|i  ( 'i)ii<liliilMiN,   (  Slii|iliv's  \\  I'l'k-i,  \  III.  li.  |i.   II 'j,)  iiiii'  III'  tlir  liriol  parts 

of    a    W  I'ili  r,    \\  lln--r   W  "\'k<    I    -  .lllllnl    help  rnilsidrrillL''  as   lllr     plIIT-l     and     llliist 

liiiilllr-^  iiimlrl  n|' ri  ill  1  pi  i<i  I  inn  iji.at  ijir  prrsi  III  a;;''  I'aii  lioa.-l.     (iri'ai.r  v  ijinr 
and    -pliiidiii-    iiia\   In    I'.iniid    in    lillirrs,   Inil   ^o   pirli'd    a  la.-Ir,  <iiili   diasto 
and   Miudi'^l  1  li';.'ani-i',   il   \\ill,   I    llilllk,  l:r   li.'ii'il   In  disriiVi'l'    ill    an\    ollirl'    I'll- 
glisli  u  I'lliT  III' llii-  II  ii'ii, — .Villi  lit  llilnl  I  ilitiiui. 
■'   IjiiI'iI   IJariin,  r,s>a\    \\i\.  Hi'   I  nnnv  al  nms. 

(1)  III  iiiiln  111  ruMi  a  |iiiiilriii  L'l'V  iiiiiM  111.  «.  iiiii-^l  iiiailiiiir  ii-  |iii\vi'i-.  n  i.'iiliiti',  tniipi'i', 
am!  pill  I  111' I II  III  .11  Hull  ;  plariiii:,  ~<>  in  -{y  iN,  ;i  lialla~l  in  i  In  .  in  uiili  r  In  n  inli  i'  il  i'a|i:ilili  iif 
ii'-^l.-llii;;  .niiilliiT  i  il  ii  a  i7ii;/' i/'imk  »v  nl'  li'iM^I  I'um  111  i!  "liaiii  i  iiiiK  iin.iliirrH,  iiiiil  iiiii' 
1 1  111  I  i>  lai.  I>  fi-iiin  i|  |i)-i  I;  iill> .  .\  ili  -ji.  it  i  iMniriiiii'  iil,  lU  !lii  nailiMj  ,  i-  al',\  ;n  s  \i>ilili-  ;  it 
I  <  till  ^aiiir  ('\  ri,\  u  In  11'  ;  aiiil  niir  ii  i-  c.-liilili.-lii  il  iii  llu'  alii'dinii.-*  nl'  iiii  ii,  all  tin'  u  mlil  !.- 
aila|ilri|  l.i  it. 


88 


Kisroiui^ii;  ON  the  stidv  or  Tin: 


si(lai)to(l,  iiiid  out  of  u  hirh  it  jxrows  ;  tluit  its  whole 
iuliniMistratioii  is  a  practical  school  of  honesty  aiul 
hmnaiiitv  ;  in  which  tli(>  social  allcctioiis,  expanded 
into  |)nl>lic  .>-|)iiit,  act  thronirh  a  wider  spiiere  and  are 
moved  hv  a  more  powerful  sprin<r. 

I  shall  conclude  what  J  have  to  oiler  on  govern- 
nient.  hv  an  account  of  the  Constitution  of  Knjrlaiid. 
I  shall  (Muleavor  to  trac«'  the  |)ro^ress  of  that  Consti- 
tution hv  the  liirht  (»f  history,  of  laws,  and  of  records, 
from  th(>  earliest  times  to  tlu>  present  a»,f(>  ;  and  to 
show  how  the  general  principles  of  liherty,  originally 
connnon  to  it.  with  the  other  (Jothic  monarchies  of 
I  ,urope.  hut  in  other  countries  lost  or  ohscured,  were, 
in  this  more  fortunate  island,  preserved,  matured,  a  id 
auapted  to  the  j)roi:ress  ot"  civilization.  I  shall  attiMupt 
to  exiiihit  this  most  complicated  machin(%  as  our  his- 
torv  and  our  law>  show  it.  in  action  :  and  not,  as  some 
celehrated  writers  have  most  im|)erfectly  represented 
it.  who  lia\e  torn  out  a  \'r\v  of  its  more  simple  sj)rinos, 
and.  j)Uttinii-  tluMu  together,  miscall  them  the  IJritish 
Constitution.  So  prevalent,  indeed,  have  these  imj)er- 
fect  re|)resentations  hitherto  heen,  that  I  w  ill  vcMitnro 
t<»  allinn.  there  is  scared v  any  suhject  which  has  heen 
less  \reated  as  it  deserved,  than  the  Lfo\ernment  ol" 
I'.niiland.  l'hiloso|>liers  of  jjreat  and  merited  rej)Uta- 
tion'  have  told  us  that  it  consisted  ot"  certain  portions 
of  monarchy,  aristocracy  and  democracv  :  names  which 
are.  ill  ninli,  \ery  little  apjdicahle.  and  which,  if  they 
were,  W(.)ukl  as  little  iiive  an  idea  of  thir^  t^overnment, 


■  Till'  riMilcr  will  pcriiiv.'  ili.ii  I  nlliidi  i<>  M^v  i  r  ^i)i  i  '  .  wliuin  I  mcmi- 
ii.niir  uilliciiil  n-MTi'iu'i,  lliMii:;|i  |  >li.ill  |iic^iiini'  lo  crilii  Im'  Ins  iifcuiiiil  uf  a 
gii\  ciiiiiirul  wliirli  ill-  niilv   -aw  al  a   ili^laiK  I'. 


LAW  OF  NATL  RE  AJVI>  NA'llUNS. 


89 


as  mi  account  of  the  \vei<,dit  of  bone,  of  llesli,  and  of 
l)lootl  in  a  human  body,  would  he  a  picture  of  a  Uving 
man.  Notlnn«r  hut  a  palit'ut  iiud  minute  investigation 
of  tlie  practice  of  the  ifovernmeiit  in  all  its  parts,  and 
throujfli  its  wliole  liistory,  can  give  us  just  notions  on 
this  important  subject.  If  a  lawyer,  without  a  philo- 
sophical spirit,  he  uiUMjual  to  the  examination  of  this 
great  work  of  liberty  and  wisdom,  still  more  uneijual 
is  a  philosopher  witiiout  practical,  legal,  and  historical 
knowledge  ;  for  the  first  may  want  skill,  but  the  second 
wants  materials.  'I'he  obs(>rvations  of  Lord  liacon  on 
j)olitical  writers,  in  general,  are  most  applicable  to 
those  who  have  given  us  systematic  descrij)tions  of 
the  lOnglish  constitution.  '•  All  those  who  have  written 
of  governnu'Uts  have  writ1("n  as  philosophers,  or  as 
lawyers,  and  none  as  staUninin.  As  lor  the  philoso- 
phers, the\  make  imaginary  laws  for  imaginary  com- 
monwealths, and  their  discourses  are  as  the  stars,  which 
give  little  light  because  they  are  so  high."  —  '•  liar 
coi>nitio  (((I  riro.s  ciri/rs  jnoprif'  pcrtlnct,^'  '  as  he  tells 
us  in  another  part  of  his  writings;  but,  unfortunately, 
no  experienced  piiilosophical  British  statesman  has 
yet  devoted  his  leisure  to  a  (l(>lineation  of  the  consti- 
tution, which  such  a  statesman  alone  can  practically 
and  perfectly  know. 

Jn  the  discussion  of  this  great  subject,  rnd  in  all 
reasonings  on  the  princi|)les  of  p(»litics,  I  shall  labor, 
above  all  things,  to  avoid  that  which  -ippc^jirs  to  me  to 
have  been  the  constant  source  of  political  (M-ror  :  [ 
mean  the  attempt  to  give  an  air  of  system,  of  siin])li- 


(h  'I'lii-  kiiiiu  I.  ilui    Ik  Iniii-  iiiirr  |ir.:|i 'ih  I"  (i.^liln  i,ui-. 
I. 


9U 


uiscoL'itsr.  <->%  riir.  f-Tiuv  of  tiik 


ritv.  iiiid  of  ritforoiis  (IfMuoiistratioii,  to  sul)jocts  wliicli 
do  not  luliiiit  llu'iii.  Tlic  only  iiu'mm.s  hy  wliicli  this 
could  l)(>  doiic,  was  hy  rct'cirinii-  to  a  lew  simple  causes, 
what,  in  truth,  arose  Iroiu  iiinneiisc  and  intricate  coni- 
hiuatious.  and  succ(>ssions  ol"  causes.  'I'he  conse- 
((ueiice  was  verv  oi)viou>.  I'he  system  oltho  tlieorist, 
disencunihered  iVoni  all  reijard  to  the  real  nature  of 
thiuLi's.  easilv  assumed  an  air  ot"  speciousiu'ss.  It  re- 
(|uired  litfle  dexterity  to  make  jiis  aruument  apj)ear 
conclusive.  Hut  all  men  airreed  that  it  was  utterly 
inaj)|)licahle  to  human  allairs.  'J'he  theorist  railed  at 
the  I'ollv  ol"  tlie  w(»rld,  in>fead  of  coidessinjx  his  own  ; 
autl  the  men  ol'  jjractice  unjuMly  blamed  pliiloso|)hy, 
instead  of  condenmiuir  the  so|)hist.  The  reas(jn  of 
this  constant  war  helween  specidation  and  ])ractice,  it 
is  not  diliicult  to  discover.  It  arises  from  the  very 
nature  of  ()Mlifi(  id  science.  'TIk^  causes  which  the 
politiciiin  liii-  to  consider,  are.  al)ov<'  all  others,  multi- 
plied, complicated,  uMUiile.  siihiile.  and,  il"  I  mav  so 
spciik,  evanescent  :  perjxtindly  clian^inii'  their  form, 
and  varyiuL*^  theu' comhinations  ;  losinij  their  nature, 
while  tliev  k<'ep  their  name  :  <'\hihitinu'  the  most  dit- 
ferent  con;((|uences  in  die  endless  diversity  of  uwn 
and  nations  ^m  wliom  thev  operate'  :  in  one  dejiree  of 
streiiL'^tli  prodiicinii-  the  mo>t  siLnial  henefit ;  and,  uiuler 
an  apparenlK  sliulii  variation  of  circumstances,  the 
most  tremendous  mischiefs.  Thev  admit,  indeed,  of 
hem^i;  reiliict d  to  tlie(»ry  :  hut  to  a  theory  lornied  on 
th(^  mo>l  e\tensi\e  \ie\\s.  of  the  most  com|)reliensiv(! 
and  llexihle  |)rinciple.-.  so  as  to  embrace  all  their  vari- 
<  tie.-,  and  to  lit  all  their  rapid  transmiiiratioiis  ;  a  iheorv, 
ol  which  the  most  fundamental  nia.xim   is,  distrust  in 


I,AW  or  NATUKK  AM)  NATION'S. 


m 


itsolf,  and  (lot'orcncc  for  practicnl  j)ni(ltMic'o.  Only  two 
wriUM's  of  lbnn(>r  tnncs  liavo,  as  tar  as  I  know,  o!)- 
servod  tliis  frcneml  (k'lect  ol'  political  rcasoncrs  :  hut 
these  two  are  the  tj^rcatest  ))hil()so|)lu>rs  who  have  (n(>r 
apjx'ared  in  the  world.  'I'he  first  of  them  is  Aristotle, 
wlio,  in  a  passage  of  his  I'olities.'  to  whirh  I  cannot 
at  this  moment  tMrii,  plainly  condenms  ihc  |)nrsuit  of 
a  delusive  if<x)metrical  accuracv  in  moral  reasonin«:s 
as  the  constant  source?  ol"  tlu;  urossest  error.  The 
second  is  liOrd  l5acon,  who  tells  us,  with  that  authority 
ot"  conscious  wisdom  which  helongs  to  him,  an<l  with 


'  [  liMVc  t-iiii'r  ili-riiv crid  till'  |)iia>;i|.'('  111' rnllicr  |);is<nfrc-:  (i(  .\ri-i|i<llc  tn 
wliicli  1  itlliuli'd  ;  1  li;i\i'  collrrii.l  s('\i!-:il  dl'  llii'^r  pas-^.M'is  tVii,ii  -varidiis 
|i.'irts  ul'  lii-i  wriliii:;-,  ilial  llic  iimiIit  ni;i_\  srr  llir  .-iiixirtv  nl'  lli:it  jrrriil. 
]iliiliiS(ijilii'r  Id  ini  iiI<':i!i',  I'.cM  a1  llic  i'\|iclisi'  ul'  rr|iilili(ii|,  tlir  iili.-iirdiM  ni" 
t'M'ry  iin('iii|)l  ti)  niltivati'  nr  tiacli  moral  |)liiliis()|iliy  uitli  a  irioinclriiiil  I'x- 
aitnc~s,  u  liicli,  in  ihr  \  am  pursiiil  of  an  an-iirMcy  w  liidi  i.rv  (  r  can  In  niori! 
tliaii  ii/'/iiiri  .'il,  l)rira\<  llir  iiHiuiii'r  in!"  rial,  iiiiiininralilr,  ami  niosl  iiiU- 
iliirvoiis  t'allacii'-i  : 

\lifi  fAi\i  ijv   TWi   ■■ar;t.l~--j-.ui\-w:',  v'.T'^i;   ts   VTJ^yuv  S'.l,  x:t/ ■tt-i/ik  TC.'XC  t;iI'    iuTiv', 

S '-1  ^■'!uv    'S  l:t    Tl    Ti'V  '■.'i!  KJ-t  ru'j  ^/.r  ;«?lTi'.'    rTc.    TH."     :/ljisyS-lri:-.—.  I  I'l  sf .   lll     Ihilllli. 

ijh.  vii.,  lap.  7,  iti  liiii'. 

■j/>^i.  —  Milii/iliijs.  lili.  ii.  <a|i.  iill.-' 

\UtjuS iuuiv"  -^np   ?:/■/    ST(  t;J"7:v  TUiipjCi:   ST(^i'?>i'.'  kvV  in-jr'.v  J5v;c  f^i'  '.J"-v   «    T« 

njrJ-/jx'i-xi  Kit  !,itr.^tii'^v  tnJii'^w:  ■jtT-jti'u'i.  —  t'.lliif.  ml  .Vn/niiii.  lili.  i.  .a]!.   I. 

Ill  liic  lirst  ol"  ili('-:c>  rcliiarUalilr  |iassa;;r<,  lie  ionlrailistiiiniii>lic's  iiioralily 
tVoiii  tlic  |iliv~i'al  sciciicts  ;  in  the  srcmid,  iVniil  llic  ahslracl  sciclicr^.  'riic 
ilistiiii  lion,  IJiniiijJi  ol"  a  ilill'm  ii!  natiiia',  i<  ri|iiall_\  y:rcal  iii  liolli  cascH. 
Moralilv  laii  oritlicr  allaiii  tin'  /iii  liiiiil/i  ill 'i  ol'  the  ^liinn  s  w  liirji  arc  roii- 
\crsaiif  with  rMrriial  natiirr,  nor  llir  ,<////////(■//// ul'  i  lio-c,  w  liiili,  luraiisi' 
ihcv  arr  liiuinli  il  on  a  li\v  <  !i  iii.iilar\  |iriiiii|ili-,  ailinit  ipI'  ri:roniii,»  (Icnion- 
slration  ;  liiil  tliis  is  a  .xiilijcrt  wliidi  would  rr(|iiin:  a  Imig  di^siTlation.  I  am 
■■atislicd  willi  la\ing  licfon'  llio  icadrr  tin;  aiitliorily  and  the  rfaxming  id' 
Aristotle. 

,'01  CiiiiiiiaP'  llii-  |i:i-~:i!li'  u  illi  tlial  u  liii  li  !-•  ijiinli  it  in  llio  iifvt  incc  IVdiii  l.nnl  !!  iii.ii. 


t>. 


,^ 


V\^"^5^ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


4 


// 


A^ 


1.0 


I.I 


fM  IIIIIM 


2.0 


1.8 


L25  IIIIII.4   IIIIII.6 


6" 


V 


% 


Photographic 

Sciences 

Corporation 


•iJ  >tm  <•  MAIN  STREIT 

WEBSTER,  NY.  14580 

(716)  873-4503 


^<°  €^. 


\)'l 


DlsrolUS"',  u\  Tlir.  STl'DY  tH'  TITF- 


tlmt  |)o\vor  o\'  richly  iuloniod  trutli  from  tlic  wardrobe 
ol'  iToniiis,  which  h(>  possrssinl  silmvc  (dnwst  all  men, 
"  Civil  Iviiowledm'  is  convcrsiuit  about  a  subject  which, 
above  all  oIIkm's,  is  niost  immersed  in  matter,  and  hard- 
liest  reduced  lo  axiom.'' ' 

IV.  I  shall  next  endeavor  to  lay  open  the  o;oncral 
principles  of  civil  and  criminal  laws.  On  this  subject, 
I  may,  with  souie  conlidence,  hope  that  I  siiall  bo 
enabled  to  reason  b(>tler  l>y  niy  ac(iuaintance  with  the 
laws  of  my  nun  ccMMitry,  which  it  is  the  business  of 
my  life  to  practise,  and  f>f  winch  the  study,  has,  by 
habit,  becoUK!  my  favorit*;  pursuit. 

The  lirst  |)rinciples  of  jurisprudence  arc  simple 
maxims  of  reason,  of  which  the  observance,  as  wc 
know  by  innucdiate  e\peri(>nce,  is  essential  to  the 
security  of  men's  rights,  and  which  pervade  the  laws 
of  all  countries.  An  account  of  the  irmdual  applica- 
tion of  these  (  iiiinal  princi|>l('s,  first,  to  more  simj)le, 
and  iitterwards  to  leore  complicated  cases,  forms  both 
the  history  and  the  theory  of  law.  Such  an  historical 
account  of  the  prourcss  of  nien,  in  reducinfjj  justice 
to  an  ap|)licablo  and   pracliral  system,  will  enable  us 


'  Tliis  |)niii'i|ili'  i>  ivpn  <^i'il  li\  ,1  writer  of  :\  \  crv  (lill'iri'iil  cliiii-iiclor 
tVuiii  llii'M'  ivMi  filial  |iliil(i~M|ilic  f>  ,  ,'i  w  lilir,  "  (///'(i/i  ii'ii/i/iilli  1(1  jiliis  jilii- 
Ihsii/iIk,  iiiiiis  i/ii'iiii  II jijii III  III  li  jiliis  i' liii/iii  III  (// .V  ,v/i^,7)/.\7(  .s,"  '  wiili  grc.'it 
I'lirrc,  and,  as  lii-*  iiianiiiT  i^,  willi  miimc  isafii!!  ration  : 

"  l\  It  V  a  |i(iiiil  ill'  jiiiii'  ijii  -  all-trail  •  ilaiis  la  |)nlitii|iii'.  ('  I'sl  line  srii'liro 
lies  rali'liis,  dcK  (■iimlilllliiMills,  il  ilrs  r\ii'|ilii)lis,  -H'loll  Irs  lirilx,  lis  liiiijis  I'l. 
IcK  cirriiiisiaiiris.  " '  —  l.iilii  ill   lliiiissiiiii  nil  .Miirijii/s  ili  Miriilii  iiii . 

Tlio  scrniiil  |ir<i|iii*lliiiii  IS  triir  .  Iml  tlir  lirst  is  iim  a  just  inrfri'inT  rroin  il. 

I'D  'I'liiil  Hi'  raiiliiil  rail  iiinii  |>liil<i~ii|iliii',  IimI  u  c  imiv  rail  tin  iiiii'*!  i  Uii|iu  lit  (if  lllc 
fnplil.-ls. 

(2)  'I'litrr  1111' nil  aii-li-.ii  I  |iiiiiri|i|i''i  m  iinlillrs.  It  i<  a  irjcnrf  nf  raliiilalln'is,  nt"  rniiiM- 
niitiiills,  liml  III  rvrr|itiiiii»,  .■|rnii  iliiiL'  In  |ilai  '.,  iiinr';,  ;,iii|  riri  iiiii-taiin  s.  I.dtrr  of  lioiisscau 
III  llw  Miliums  ill-  Miriiln iiiK 


LAW  OF  NATIRF,  AND  NATIONS 


OJl 


to  trace  that  chain,  in  which  so  many  breaks  and  inter- 
ruptions are  perceived  by  superficial  observers,  but 
which,  in  truth,  inseparably,  though  widi  many  dark 
and  hidden  windings,  hnks  together  the  security  ot'hfe 
and  property  with  the  most  minute  and  apparently 
frivolous  formalities  of  legal  proceeding.  We  shall 
perceive  that  no  human  foresight  is  sufficient  to  estab- 
lish such  a  system  at  once,  and  that,  if  it  were  so 
established,  the  occurrence  of  unforeseen  cases  would 
shortly  altogether  change  it ;  that  there  is  but  one  way 
of  forming  a  civil  code,  either  consistent  with  common 
sense,  or  that  has  ever  been  ju'actised  in  any  countrv, 
namely,  that  of  gradually  building  up  the  law  in  pro- 
portion as  the  facts  arise  which  it  is  to  regulate.  We 
shall  learn  to  ap{)reciate  the  lerit  of  vulgar  objections 
against  the  subtlety  and  complexity  of  laws.  We  shall 
estimate  the  good  sense  and  the  gratitude  of  tliose  who 
reproach  lawyers  (or  employing  all  the  powers  of  their 
mind  to  discover  subtle  distinctions  for  the  prevention 
of  injustice  ;  '  and  we  shall  at  once  perceive  that  laws 
ought  to  be  neitiier  more  simple  nor  more  complex 
than  the  state  of  society  which  they  are  to  govern, 
but  that  they  ought  exactly  to  correspond  to  it.  Of 
the  two  fiiults,  however,  the  excess  of  simplicity  would 
certainly  be  the  greatest ;  for  laws,  more  comj)lex  than 
are  necessary,  would  only  produce  embarrassment ; 
whereas  laws  more  simple  than  the  afiairs  which  they 
regulate,  would  occasion  a  defect  of  justice.     More 


'  'I'lic  ('.■isiiisliciil  siililli'lics  nri'  iiol  ipciliMps  jin'iilcr  lliMii  tlu;  siilith'licH  of 
lawyers;  hii/  ilic  liillvr  arc  inninuil.  (iiul  even  necessary.  —  Hume's  Essays, 
vol.  ii.,  |i.  ."),")-'. 


04 


l)l!S€()URSE  th\  TliK  t-TUUV   OF  TlIP, 


> 


understanding'  has,  i)orluips,  been  in  this  manner 
exerted  to  li :  die  rules  ot  life,  than  in  nnj  otlier  science  ; 
and  ^t  is  certainly  the  most  honorable  occn[)ation  of 
the  und'v.'rstaiiding,  because  it  is  the  most  inunediately 
subservient  to  general  safety  and  condort.  Tiierc  is 
not,  in  my  opinion,  in  the  uhole  compass  of  hunum 
afiairs,  so  noble  a  si)ectacle  as  that  which  is  dis|)layed 
in  the  proiirciss  of  jurisiuudence ;  where  we  may  con- 
template the  cautious  and  unwearied  exertions  of  a 
succession  of  wise  men  throuuh  a  lon«jf  course  of  a^jjes  ; 
withdrawinij  every  case  as  it  arises  I'rom  the  dangerous 
power  of  discretion,  and  subjecting  it  to  intlexible 
rules  ;  extending  the  dominion  of  justice  and  reason, 
and  gradually  contracting,  within  the  narrowest  pos- 
sible limits,  the  domain  of  l)rntal  force  and  of  arbi- 
trarv  will.  This  subject  has  been  treated  with  such 
dignity,  by  a  writer  who  is  admired  by  all  maidvind  for 
his  elo<|uence,  but  who  is,  if  jiossible,  still  more  ad- 
mired by  all  c(.nii)eteiit  judges  for  his  j)hilosophy  ;  a 
writer,  of  whom  1  may  justly  say,  that  he  was  ^^aravis- 
simus  ft  ilirnuU  ft  IntfUiacndi  (iitrtor  ct  ma^i.stcr,  "  ' 
that  I  cannot  refuse  ujyselfthe  gratification  of  ([uoting 
his  words  :  —  "  The  science  of  juris|)rud('nce,  the  j)ri(le 
of  the  human  intellect,  which,  with  all  its  defects,  re- 
dundancies, and  errors,  is  the  collected  reason  of  ages 


'  "  I,;i\v,"  siiil  Dr.  ,l(iliM-iin,  "  is  ilic  sciriirc  in  \\  liirli  the  ■irciilcsl  |iii\V(rH 
iif  iiiMlcr-lMMiliii;;  MIT  ;i|i|p|ii;l  In  llir  |.'r.:ili'>l  liumlirr  i<\'  tin-Is.  "  .Ncilmdy, 
wllii  is  ;ir(|ii;iiiiti'<l  Willi  llii'  Miridv  iillil  liiulli|ilic  il  \  ol'  llir  siiliji'cis  (if  jiiris- 
pnidriiic,  :iiii[  witli  tlii'  iirndi^rioiis  iiiiwiis  i<\'  (lisiriiiiiiialiiiii  (,in|iliiv(.'(l  iijioii 
llii'Mi,  cim  (Idiilil  till-  tiiilli  iil'lliis  (ilisirv  .ilioii. 

(•J)  The  iiriil'.iun.lr.-i  i.l'  ilnnkirs,  ;mil  III  ■  iiin-t  i  Imiiii  nl  nf  uratnn'. 


LAW  OF  NATURE  AND  NATIONS. 


95 


conil)Jning  the  principles  of  original  justice  with  the 
infinite  variety  of  human  concerns."  '■ 

I  shall  exemplify  the  progress  of  law,  and  illustrate 
those  principles  of  universal  justice  on  which  it  is 
founded,  hy  a  comparative  review  of  the  two  greatest 
civil  codes  that  have  been  hitherto  formed  —  those  of 
Rome  ~  and  of  England  ;  ^  of  their  agreements  and 
disagreements,  both  in  general  provisions,  and  in  some 
of  the  most  important  parts  of  their  minute  i)racticc. 
In  til  is  part  of  the  course,  which  I  mean  to  pursue 
with  such  detail  as  to  give  a  view  of  both  codes,  that 
may,  perhaps,  be  sufficient  for  the  purposes  of  the 
general  student,*  I  hope  to  convince  him  thf>t  the 
laws  of  civilized  nations,  particularly  those  of  his  own, 
are  a  subject  most  worthy  of  scientitic  curiosity  ;  that 

'   l?iii!v( 's  W'ork.-i,  vol.  iii,,  ji.  ^'X\. 

^  Jt  iiiiiv,  |)rrli;i|)>,  iKit  1x1  disiiiirccilili'  to  the  reiuh.'r  to  find  lici'i'  llii^  |i;is- 
siign  of  liKiHN!!/.,  lo  wliiili  I  liiivc  rcli'iicd  in  llir  t'oniiir  editions  o|"  \ho. 
Discourse.  "  <^etel•o(|ni^  e^o  Diirrslonnii  Opus  V(d  polius  nueloiuni  inide 
exceriifii  sunt  lahores  iidrniror,  nee  ipiidijUMni  vidi  si\i'  riitioMinn  jx'^dere  sivo 
dieendi  iiervos  s[ieetes  quod  ni;igis  aceedut  ad  inatlhiuiitieoruin  laudeni."  ' — 
Leibnitz,  Up.   vol.  iv.,  |>.  'l'y\. 

•*  On  tlio  inliniate  eonneetion  cd"  these  codes,  let  us  liear  llic  wiirds  of 
Lord  Holt,  wlnise  name  n(  ver  i  an  lie  [iroiKinnccd  williont  vi'iieratiou,  as  long 
as  wisdom  and  intejirily  are  revered  anniiifr  men:  —  "  Iiiasnunli  iis  tliv  hiirs 
of  nil  iKiliiins  nil-  iliiiili/l(  S.I  nii.iid  mil  i>f  llic  ruins  of  the  riril  /(//r,  as  all 
iroverumeiits  are  s|iniuix  oul  (d"  tin'  ruins  (d"  the  Itoman  eni|iire,  it  nuist  ho 
owned  llidt  Ihr  /irinri/ilr.i  of  our  liiir  iirr  hornnrdl  from  Ihi  rii-il  Ion-,  there- 
lore  grounded  upon  the  sanu'  reason  in  many  things." —  I'i  Moil.  l^^'J. 

'  On  a  closer  e\aniinalion,  this  jiarl  ol"  m\  scheiiie  lias  prosed  im|>racli  a- 
l)h'  in  the  (  \teiit  which  I  ha\e  here  prii|iosed,  and  within  llie  short  time  lo 
which  I  am  ni'iessarilv  eontined.  A  geni'ral  view  ol'  the  principles  of  law, 
with  some  iliuslralions  from  the  l''ngli-li  and  itom.in  codes,  is  all  thai  I  can 
compa-  s. 

(h  l!i'<,ilr<,  I  grcally  adaiirc  111!' DiL'c.-ls,  (ir  riitlicr  llic  >kill  uf  tiji'  anllKirs  in  rdiiiposiiHr 
tliciii  ,  nor  have  I  ever  seen  aii.s-  Ilium,  lur  fun  c  el'  riasiiiiiiin  er  stieii|,'lli  uf  LWprt'ssidii,  lliut 
a|iiiriia('li(;s  su  acar,  a>-  llicv  iln.  in  llic  |.ii ci-umi  el'  inallii  laalicH. 


m 


90 


DiscouRsi;  ON  Till:  s'lL'DV  ui'  Tin: 


K. 


principle  and  system  run  throunli  \\\vn\  even  to  the 
minutest  particular,  as  really,  though  not  so  apparently, 
as  in  other  sciences,  and  are  applied  (o  purposes  more 
imj)ortant  than  in  any  other  scieucc.  \\  ill  it  he  pre- 
sumptuous to  express  a  ho|)e,  tluil  such  au  iii(|uiry  may 
not  he  altogether  an  useli'ss  introduelion  to  that  larger 
and  more  detailed  study  <»ttli<'  law  of  llugland,  which 
is  the  duty  of  those  who  arc  to  proli'ss  and  practise 
that  law  ? 

In  considering  the  im|>orlaur  suhject  of  criminal 
law,  it  will  he  n»y  duty  t  >  fouud,  on  n  reganl  to  the 
iieneral  safety,  the  riuht  *;!'  the  uiagistrate  to  intlict 
punishments,  even  the  most  severe,  if  that  sali'ty  can- 
not he  efl'ectuallv  protrctt-d  hy  the  «',\ampl(!  of  inferior 
punishmonts.  It  will  he  a  uiore  agrecahle  part  of  my 
office  to  explain  the  t«'m|)«'iam('Uts  which  NVisdom,  as 
well  as  Humanity,  jjrcscrihes  in  the  «'\ercise  of  that 
harsh  right.  unfortunat<ly  so  cssrutial  to  the  preserva- 
tion of  human  society.  I  shall  collate  the  penal  codes 
of  diflerent  nations,  and  gather  togetlu-r  the  most 
accurate  statement  of  the  result  of  experience  with 
resjM'ct  to  the  ellicacy  of  lenient  and  severe  punish- 
ments;  and  1  shall  endeavor  to  ascertain  the  principles 
on  which  must  he  tbunded  hoth  the  proportion  and  the 
appropriation  of  jxMialties  to  crimes. 

As  to  the  /(lie  of  nimiiiti/  iirorrcilina,^  my  lahor  will 
he  very  easv  :  for  on  that  suhject  an  I'-nglish  lawyer, 
if  he  were  to  delineate  the  model  of  perfe<'tioii,  would 
find,  that,  with  feu  exceptions,  he  had  transcrihed  the 


'    n\  the  "  I.iiir  iif  rrinniiiil  jinii  i  uliiin  ■,     I  iii'  nii   llinni.    I,i\ss  wliiih  xt'gw- 
WX"  \\\''  liiiil    1)1"  lllill    ai  c  u-id     111'  cniriis,    iiM    (ll>lll|i;lll-liril     iVnlil    fll  liill  III  ir , 


wliicli  liMS  llir  i)inii.<lniii  lit  n|"  iiinii- 


I.AVV  OF  NATURE  AND  NATIONS 


07 


institutions  of  his  own  country.  The  whole  subject 
ot  my  lectures,  of  which  I  have  now  given  the  outhne, 
may  be  summed  up  in  the  words  of  Cicero  :  —  "  Na- 
tura  enim  juris  ex])licanda  est  nobis,  eaque  ab  hominis 
rcjietenda  natura  ;  consideranda)  leges,  quibiis  civitates 
regi  dcbeant ;  turn  luec  tractanda  qua?  composita  sunt 
et  descripta,  jura  et  jussa  populorum  ;  in  quibus  ne 

NOSTRI    miDEM  POIM  1,1   LATEBUNT  QVJE  VOCANTUR  JURA 
CIVIMA."  '  —  C/C.  de  Li'iT.  hb.  i.  C.  5. 

V.  The  next  great  division  of  the  subject  is  the  law 
of  nations,  strictly  and  properly  so  called.  I  have 
already  hinted  at  the  general  principles  on  which  this 
Inw  is  founded.  They,  like  all  the  principles  of  natural 
jurisprudence,  have  been  more  happily  cultivated,  and 
more  generally  obeyed,  in  some  ages  and  countries 
than  in  others ;  and,  like  them,  are  susceptible  of  great 
variety  in  their  application,  from  the  character  and 
usages  of  nations.  I  shall  consider  these  principles 
m  the  gradation  of  those  which  are  necessary  to  any 
tolerable  intercourse  between  nations:  those  which 
are  essential  to  all  well  regulated  and  mutually  advan- 
tageous intercourse  ;  and  those  which  are  highly  con- 
ducive to  the  preservation  of  a  mild  and  friendly  inter- 
course between  civilized  states.  Of  the  first  class, 
every  understanding  acknowledges  the  necessity,  and 
some  traces  of  a  faint  reverence  for  them  are  discov- 
ered even  among  the  most  barbarous  tribes ;  of  the 
second,  every  well-informed  man  perceives  the  im- 


(I)  T  am  tn  oxplnin  tlip  naliiie  (if  law,  and  llml  niiisr  lip  Miusht  inr  in  the  <(instiliirinn  of 
mnn.  'I'lic  laws  liy  wliiili  stalos  (iiiclil  I"  hi'  sovcrncil,  must  firstly  he  ronsKlcrcri ,  tlicii  llip 
parts  of  wlil.M  they  arc  eoriiposcl  ;  ami  tlir  (i<-srriplinii  ofllirni  an-  to  he  spoken  of,  viz.  tlip 
laws  and  rnst!  .ns  of  the  pi  opli- ;  anions  wliirli  aie  lliose  of  the  Uoni,in!»,  cnlk-rt  civil  laws, 
that  shall  not  !.,•  pas-id  omi  m  silence. 

M 


06 


DISCOURSE  ON  THE  STUDY  OF  TIIE 


portant  iiso,  and  they  have  jrenerally  been  respected 
by  all  polished  nations ;  of  the  third,  the  j^reat  benefit 
may  be  read  in  the  history  of  modern  ICurope,  where 
alone  they  have  been  carried  to  their  ("nil  jjerlection. 
In  nnt'oldinjT  the  lirst  and  second  class  of  principles,  I 
shall  natnrally  be  led  to  «;ive  an  account  ot"  that  law  of 
nations,  which,  in  greater  or  less  perfection,  re<fulated 
the  interconrse  of  savages,  of  the  Asiatic  empires,  and 
of  the  ancient  republics.  The  third  brings  me  to  the 
consideration  of  the  law  of  nations,  as  it  is  now 
acknowledged  in  Christendom.  Krom  the  great  extent 
of  the  subject,  and  the  particularity  to  which,  for  rea- 
sons already  given,  1  must  here  descend,  it  is  imj)os- 
sible  tor  me,  within  any  moderate  com]>ass,  to  give 
even  an  outline  of  this  part  of  the  course.  It  com- 
prehends, as  every  reader  will  perceive,  the  principles 
of  national  independence,  the  intercourse  of  nations 
in  peace,  the  privileges  of  ambassadors  and  inferior 
ministers,  the  commerce  of  private  subjects,  the 
grounds  of  just  war,  the  nmtual  duties  of  belligerent 
and  neutral  powers,  the  limits  of  lawful  hostility,  the 
rights  of  conquest,  the  faith  to  be  observed  in  warfare, 
the  force  of  an  armistice,  of  safe  conducts  anil  pass- 
ports, the  nature  and  obligation  of  alliances,  the  means 
of  negotiation,  and  the  authority  and  interpretation  of 
treaties  of  peace.  All  these,  and  many  other  most 
imj»ortaiit  aiid  complicated  subjects,  with  all  the  vari- 
ety of  moral  reasoning,  and  historical  e.\am|)les,  which 
is  necessary  to  illustrate  them,  nmst  be  fully  examined 
in  this  part  of  the  lectures,  in  which  I  shall  endeavor 
to  put  together  a  tolerably  com])lete  practical  system 
of  the  law  of  nations,  as  it  has  for  the  last  two  c(Mi- 
turies  been  recognised  in  Imuojx'. 


LAW  OF  NATL  HI::  AND  NATIONS 


«K> 


"  Le  (huh  des  gens  est  iiaturcUcmcnt  fondo  sur  ce 
priiicipo  ;  (|uo  Jcs  diverges  nations  doivent  sc  Ihire, 
daiiH  Iji  |)aix,  lo  i)lus  do  bioii,  ct  dans  la  ouerre  Ic  moins 
do  nial,  (ju'll  est  j)o.ssil)lo,  sans  nuirc  ii  leurs  vcritablcs 
inU'rcts. 

"  L'objct  dc  la  guerre  c'cst  la  victoire  ;  colui  do  la 
victoiro  la  concjuctc  ;  celui  do  la  conquote  la  conser- 
vation. Do  CO  principe  et  du  precedent,  doivent 
deriv(>r  toutcs  les  lojx  (jui  torment  Ic  droit  des  gniH. 

"  Toutes  les  nations  ont  un  droit  des  gens  ;  les  lio- 
(juois  nienie  qui  niangent  leur  prisonniers  en  ont  un. 
lis  envoientet  reroivent  des  emhassades  ;  ils  connois- 
sent  les  droits  de  la  guerre  ct  do  la  paix  :  le  nial  est 
<iue  cc  droit  des  gens  n'est  i>as  Ibnde  sur  les  vrais  prin- 
cipes."  '  —  />  rKsinil  des  Loix,  liv.  i.  c.  3. 

VI.  As  an  important  supi)lenient  to  the  practical 
system  ol'  our  modern  law  of  nations,  or  rather  jis  a 
necessary  |)art  of  it,  1  shall  conclude  with  a  survey  of 
the  di/domatic  and  ronvcntiomd  law  of  Europe  ;  of  the 
treaties  which  have  materially  atl'ected  the  distribution 
of  power  and  territory  among  the  European  states  ; 
the  circumstances  which  gave  rise  lotheni,  the  changes 
which  they  elfected,  and  the  j)rinciples  which  they 
introduced  into  the  ]>ublic  code  of  the  Christian  com- 
monwealth.    In  ancient  times,  the  knowledge  of  this 


(I)  liitcriialidiial  law  is  iiatiiriilly  fniiiiilcil  mi  this  |iriiiii|(lc,  that  (liil'irriit  iialiiUH  iiimlit,  in 
liiiii'  111'  |ii  :iri  ,  III  ilii  iinr  aiiiillir.  II  tlir  L'linil  they  ran  ;  anil  in  liirii'  iil'  war  us  lilllr  iiijiiiy  as 
liiissililr,  withiillt  lirrjiiilii  r  In  tlnir  rral  lllti'irst. 

'I'hr  iihji  It  111' war,  is  viilnn  ;  thai  ol'  \irliii>,  ruminrsl  ;  ami  thai  nfr |nrsl,  |iirsrrvaliiil). 

I''riim  this,  ami  llii'  prriiilliiL'  |iiinii|ili',  all  Un-  I  ,s  whiih  I'linii  inliiiiatinnal  law  ari'  do- 
livril. 

All  I'niinlrii's  havr  intiriialinnal  laws,  t'\ir.  Iir  I  ioi|iiolsr  tlinnsi'h  rs,  who  flrvniir  thrir 
[irlsiiniis.  'I'lny  srnil  ami  iimtIm'  anihassadnis,  ami  iimlrrstaml  thr  liiilils  nf  war  ami  piacc. 
'I'hr  iliilii  ally,  liin\r\rr,  in  thru  inlrinaliiinal  law  i-.  thai  it  is  ni  t  i'nnnilril  iipmi  trni'  prinri 

plis. 


lUU 


bLxcouui^F.  ON  Tin;  jstudy  or  Tin; 


conventional  law  was  thontrht  one  ot*  the  jjrcatost 
praises  that  could  bo  bestowed  on  a  name  loaded  with 
all  the  honors  that  eminence  in  tlu^  arts  of  peace  and 
war  can  confer. 

"  iMinideni  existinio.  judices,  cnni  in  oinni  {jenere 
ac  varietate  artinin,  etiani  illarnni,  (piin  sine  sninnio 
otio  non  facile  discuntur,  (n.  j'onipeins  excellat,  sin- 
gularcin  quandani  laudeni  ejus  et  |)ra«stabilein  esse 
scientiani,  //'  fadrribiis.  pact'umibtis,  conditionihvs 
populorum,  }r<>>nn,  r.rtnannn  tuitloiunn :  in  nniverso 
deniqne  belli  jure  ac  pacis."  '  —  Cic.  Oral,  pro  L.  Corn. 
Bdfbo,  c.  C). 

Information  on  this  subject  is  scattered  over  an  im- 
mense variety  of  voluminous  compilations  ;  not  ficces- 
sible  to  every  one,  and  of  which  the  |)erusal  can  be 
agreeable  only  to  very  few.  \'et  so  much  of  these 
treaties  has  been  embodied  into  the  general  law  of 
Europe,  that  no  man  can  be  master  of  it  who  is  not 
acquainted  with  them.  The  knowledge  of"  them  is 
necessary  to  negotiators  and  statesmen  :  it  may  some- 
times be  imj)ortant  to  private  men  in  various  situations 
in  which  they  may  be  placed  :  it  is  useful  to  all  men 
who  wish  either  to  be  acquainted  with  modern  history, 
or  to  form  a  sound  judgment  on  political  measures. 
i  shall  endeavor  to  give  such  an  abstract  of  it  as  may 
be  sufficient  for  some,  and  a  convenient  guide  for 
others  in  the  farther  progress  of  their  studies.  'I'he 
trcfities,  which  I  shall  more  particularly  consider,  will 


(1)  Iiiilccil  I  lliink,  Jiidcrs,  siiirc  in  cvrry  kind  and  varitfy  of  tlio  nits,  rvcn  tlinsc  wliicli 
nr(^  not  rasjjy  li.irni  (1  wnlioiil  llii-  cifatol  li  isiin,  CnriiiJ  I'dinpi'iiiH  ixrcllrd,  and  In' was 
prr  I  niiniiitly  skilird  in,  and  is  Id  lie  pr.iisi  d  fur  lii<  knuu  liiiac  of  r(in>litnli(ins,  siipula 
tiiins,  and  trc  alics  uf  nations,  lidtli  fdrri^'n  and  dmni  »lic  ;  and  was,  in  slmrl,  will  viisi-d  in 
t'Vciy  tliinc  prrlaniinL'  tc.  tli.   law  •;  uf  war  and  prari  . 


UNIVERSITY  OF  VICTORiA 

LIBRARY 

Victoria      8    C. 


LAW  OF  NATURE  AND  NATIONS. 


KM 


be  those  of  Wostplinlin,  of  Olivn,  of  the  Pyrenees,  of 
Brodn,  of  Nimonfiion,  of  Uvswick,  of  Utrecht,  of  Aix- 
la-Chapelle,  of  Paris  (1763),  and  of  Versailles  (17M3). 
1  shall  shortly  explain  the  other  treaties,  of  which  the 
stipulations  arc  either  alluded  to,  confirmed,  or  abro- 
gated in  those  which  [  consider  at  length.  I  shall  sub- 
join an  account  of  the  diplomatic  intercourse  of  the 
Euroj)oan  powers  with  the  Ottoman  Porte,  and  with 
other  princes  and  states  who  arc  without  the  pale  of 
our  ordinary  federal  law  ;  tog(>ther  with  a  view  of  the 
most  important  treaties  of  commerce,  their  principles, 
and  their  consequences. 

As  an  useful  apj)endix  to  a  practical  treatise  on  the 
law  of  nations,  some  account  will  be  given  of  those 
tribunals,  which  in  different  countries  of  Europe,  decide 
controversies  arising  out  of  that  law  ;  of  their  consti- 
tution, of  the  extent  of  their  authority,  and  of  their 
modes  of  proceeding  ;  more  especially  of  those  courts 
which  arc  peculiarly  appointed  for  that  purpose  by  the 
laws  of  Cireat  IJritain. 

Though  the  course,  of  which  1  have  sketched  the 
outline,  may  seem  to  comprehend  so  great  a  variety 
of  miscellaneous  subjects,  yet  they  are  all,  in  reality, 
closely  and  insepjirably  interwoven.  The  duties  of 
men,  of  subjects,  of  princes,  of  lawgivers,  of  magis- 
trates, and  of  states,  are  all  of  them  parts  of  one  con- 
sistent system  of  universal  morality.  Between  the 
most  abstract  and  elementary  maxim  of  moral  philos- 
ophy, and  the  most  complicated  controversies  of  civil 
or  public  law,  there  subsists  a  connection  which  it  will 
be  the  main  object  of  these  lectures  to  trace.     The 


nn 


insioriisi;  ON  riii;  .study  oi*  tin: 


.^ 


principle  of  justico,  deeply  rooted  in  the  nature  and 
interest  of  man,  |)erva(les  the  whole  system,  and  is 
discoverahle  in  every  [)art  of  it,  even  to  its  minutest 
ramification  in  a  lejjjal  formality,  or  in  the  construction 
of  an  article  in  a  trtnity. 

I  know  not  whether  a  philosopher  ou;j[lit  to  confess, 
that  in  his  inquiries  after  truth,  he  is  biassed  by  any 
consideration  ;  even  by  the  love  of  virtue.  IJut  I,  who 
conceive  that  a  real  philosopher  ou«j[ht  to  re^nrard  truth 
itself  chierty  on  account  of  its  subserviency  to  the  hap- 
piness of  mankind,  am  not  ashamed  to  confess,  thai 
I  shall  feel  a  great  consolation  at  the  conclusion  of 
these  lectures,  if,  by  a  wide  survey  and  an  exact  ex- 
amination of  the  conditions  and  relation  •  of  human 
nature,  I  shall  have  confirmed  but  one  individual  in 
the  conviction  that  justice  is  the  permanent  interest 
of  all  men,  and  of  all  conunonwealths.  To  discover 
one  new  link  of  that  eternal  chain,  by  which  the  Author 
of  the  universe  has  bound  together  the  hap|)iness  and 
the  duty  of  his  creatures,  and  int  -jsolubly  fastened 
their  interests  to  each  other,  would  fill  my  heart  with 
more  pleasure  than  all  the  fame  with  which  tin;  most 
ingenious  paradox  ever  crowned  the  most  elocjuent 
sophist. 

I  shall  conclude  this  discourse  in  the  noble  langungo 
of  two  great  orators  and  philf)sophers,  who  have,  in  a 
km  words,  stated  the  substance,  th(>  object,  and  the 
result  of  all  morality,  and  [)olitics,  and  law. 

"  Nihil  est  quod  adhuc  de  rej)ublica  putem  dictum, 
et  ({uo  j)ossim  longius  progredi,  nisi  sit  confirmati.m, 
non  modo  falsuni  esse  illud,  sine  injuria  non  posse,  sed 


.4  »^  * 


"'-^M.'s^ 


LAW  OF  NATURE  AM>  NATIONS 


\m 


lioc  vcrissimiim,  sine  Humna  jiistitia  rcin|)ul)lic{un  gcri 
noil  posse."  '  —  Cir.  Fr(i<r.  lib.  ii.  dc  licjxih. 

".Justice  is  itself  tlie  ij;reat  staii(lin<j^  policy  of  civil 
society,  aiui  any  einiiieiit  dejjartiire  IVom  it,  under  any 
circumstances,  lies  under  the  suspicion  of  being  no 
policy  at  all."  —  Biuk(\^  Works,  vol.  iii.  p.  207. 


(I)  It  may  mil  lie  nniiitcr^sliiin  ti)  tlir  learned  reader  to  know  more  of  this  imlde  pansace 
here  i|lliited  liy  Sh  JaiiiiH.  it  is  tlie  last  seliteliee  ol'llie  seroiid  lioiilt  ol' Cicero's  t\r  l(('|iiililie. 
I'lil'ortiiiiatel)  many  \K\\iv:^  nf  tlie  Ixiiik  are  lust,  Imt  I'rofissiir  .Mai  (|iiotes  the  lolliiwiiiu  pas 
Kam' IViiiM  St.  Aiitinstiiie's  lie  Civ.  Ilei.  li. 'Jl.,  a.s  a  HUinmary  ol' the  lost  passasie-.  "And 
ulieii  Hi'ipio  had,  in  a  more  roiii|Ui'heiisive  anil  din'nse  way,  shuwii  hotv  ailvanlM:  -iiiis 
jiislici'  was  to  a  Slate,  and  how  injiiiioMs  the  want  ol'  it.  I'hihis,  who  was  one  of  tho-e 
present  at  the  ilisrnssions,  took  11  np,  and  proposed  llial  the  sniijeil  slionid  he  earernlly  Inves- 
liuated;  as  an  opjniini  w  as  ojitainini!  that  f;o\erniiienls  eoiild  not  lie  administered  willi-iiit 
in.lnstn-e." 
"  'I'lim  Scjpjo,  assenlior  vero  rennmioipie  voids,  nihil  esse  ipnid  adhnc  de  repnl  &,c." 

"  I  altoaether  assent  to  it.  said  Siipio,  and  frankly  dei  l:ire  to  yon,  that  we  must  e.-leeni  as 
nolliini!  thai  whirli  w<   I  . VI  said  iiImhiI  vovernnient,  or  that  which  yet  remains  to  hi   said 
nnless  it  shall  he  eslulilisheil,  not  only  that  it  Is  untrue  that  iziMrnments  cannot  he  adni  nis 
loreil  williMii'  injustice,  liiil  that  it  is  most  true  tliut  no  government  can  prosper  in  any 
manner  w  itnoiit  the  lii^liest  de<:ree  id' justice." 


n>»w 


]\;,tf.  —  The  text,  from  which  tho  preceding  Discourse  is  print- 
ed, is  that  of  tlie  tiiird  London  edition,  wliicli  was  corrected  and 
enhirged  by  the  Author,  and  which  is  thus  rendered  more  valuable 
than  any  previous  edition. 


r  inl- 
and 
able 


